FOI Disclosure Log

The request was successful.

Dear Parliamentary and Health Service Ombudsman,

Is your FOI Disclosure Log open via an accessible web link, in which case, please provide that link - as I cannot find it?

If your FOI Disclosure Log is not available as above please supply your Log for the past two whole years.

Thank you

Yours faithfully,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

foiofficer, Parliamentary and Health Service Ombudsman

Dear Mr Tozer

Your information request (FDN-178980)

I am writing further to your email of 26 November 2013 in which you request a copy of our Freedom of Information (FOI) disclosure log, or information about where to access it online.

We do not currently operate an FOI disclosure log, although we may do in the future. However, many of our FOI responses are available in the public domain on the Whatdotheyknow.com website and can be viewed here: https://www.whatdotheyknow.com/body/parl...

You can also access information about PHSO on our website by using the following links:

http://www.ombudsman.org.uk/about-us/bei...
http://www.ombudsman.org.uk/about-us/pub...
http://www.ombudsman.org.uk/about-us/new...
http://www.ombudsman.org.uk/about-us/pub...
http://www.ombudsman.org.uk/reports-and-...

You can find government performance information at: http://www.ombudsman.org.uk/improving-pu...
Statistics on health complaints are available at: http://www.ombudsman.org.uk/reports-and-...

I hope that this information is helpful.

Yours sincerely

Aimee Gasston
Freedom of Information / Data Protection Officer
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [email address]

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Dear foiofficer,

Thank you for your response including the already visited web links.

Thank you for drawing my attention to the What Do They Know web site (WDTK) from which I generated the original request to you. I am aware that FOI requests can come to the PHSO via many other routes.

I note that you say “We do not currently operate an FOI disclosure log”. However, I have noticed that at each of your responses on the WDTK site, the PHSO generates, what could be described as an Index code (ie FDN-178980)

I do not see this index code in any other non-PHSO responses on WDTK & must assume that it is generated solely by & for the use of the PHSO.

In my opinion this is an Index Code for what I understand, albeit in a different name, as a Disclosure Log.

How long has the PHSO been generating such Index codes and for what reason/s is this code generated?

Please pass this on to the person who conducts Freedom of Information reviews.

Yours sincerely,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

[Name Removed] (Account suspended) left an annotation ()

Haha,, so the PHSO's filing system is WDTK?

And the references mean nothing?

I cannot believe that the PHSO is so incompetent at filing..

...oh....wait a minute, yes I can.

Gasston Aimee, Parliamentary and Health Service Ombudsman

Dear Mr Tozer

Thank you for your further email. Your review request has been passed to the Review Team and you will receive a review response in due course.

Regarding your query about case reference numbers, I can confirm that we allocate reference numbers to each information request we receive so that it can be processed through our case management system. A disclosure log is usually a list of responses to requests made under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 which a public body feels are of wider public interest and so chooses to make publically available on their website. As I explained, PHSO does not currently operate a disclosure log but this may change in the future.

I hope that this information is helpful.

Yours sincerely

Aimee Gasston
Freedom of Information / Data Protection Officer
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [email address]

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foiofficer, Parliamentary and Health Service Ombudsman

Dear Mr Tozer

I have spoken with our Review Team and they have advised that you should request a review of my handling of your information request if you remain unhappy with my further clarification.

A review will only be carried out if you confirm you still require one, so please let us know if this is the case.

Yours sincerely

Aimee Gasston
Freedom of Information / Data Protection Officer
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [email address]

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Dear foiofficer,

Thank you for your response. Before closing this request for information down, would you kindly provide some idea of time frame when the FOI disclosure log will formally be available to view

Yours sincerely,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

foiofficer, Parliamentary and Health Service Ombudsman

Dear Mr Tozer

We do not currently operate a disclosure log and, at present, there are no plans to introduce one. We therefore do not hold the information you request.

I hope this is clear.

Yours sincerely

Aimee Gasston
Freedom of Information / Data Protection Officer
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [email address]

show quoted sections

Dear foiofficer,

As I understand it the PHSO has told me that it does hold a list of responses (termed a Log) to FOI requests in a case management system (assumed electronically) but that it is not publicly available on your website and you are refusing to publish that information in answer to my request.

I believe that you may well be missing the whole purpose of this aspect of the FOI Act, which is for members of the public, who have reasons to ask publicly funded organisations, for sight of the information that it holds, irrespective of whether that same information has been or not been published beforehand.

You have therefore given no valid reasons under the Act for not giving me a list of responses to FOI requests (a Log) as originally asked of the PHSO on 28th November 2013. I therefore must continue to request an Internal Review of the handling of the information requested.

Yours sincerely,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

foiofficer, Parliamentary and Health Service Ombudsman

Dear Mr Tozer

Your information request (FDN-178980)

As I have previously explained, PHSO does not operate a Freedom of Information (FOI) disclosure log. However, if your request is simply for copies of all Freedom of Information requests made to PHSO and PHSO's responses to those requests, we can log this as a new request. It would be helpful if you could specify a relevant time frame, as it is likely that to provide you with all requests ever made to PHSO under the FOI Act, as well as PHSO's responses to them, would significantly exceed the appropriate limit as set out at section 12 of the FOI Act. It would also be helpful if you could advise whether you are solely interested in seeing responses to requests made outside the Whatdotheyknow.com website (as you are already able to access these).

Please advise whether you would prefer us to log this as a new request or to proceed to internal review.

Yours sincerely

Aimee Gasston
Freedom of Information / Data Protection Officer
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [email address]

show quoted sections

[Name Removed] (Account suspended) left an annotation ()

'Information requests made to PHSO and PHSO's responses to those requests, we can log this as a new request. .......' .

She seems to be admitting that they do log requests.- after stating that there is no such thing as a log. I'm puzzled.

Dear foiofficer,

Thank you for your helpful reply in connection with a FOI request, your suggestion is appreciated & welcomed and I have re-worded, for purposes of clarification, my original request as follows into two areas (a) the minimum information I need (b) the information that I would like to see. N.B. At this time, I do not wish to see the whole of the FOI request nor the whole of the PHSO response.

As I am not asking for new information from the original request and the information was available at the first time of my request on 26th November 2013 I expect this matter to be dealt with promptly under the original request.

My Internal Review request should now be placed ‘on-hold’ to await the outcome of this clarification note.

(a) The minimum information from the PHSO Log I need;-

I. The index code, (FDN-******) indicating a logical progression of each request into your case management database. i.e. the code should be sequential.

II. Indication of the route into the PHSO used to make each original request, i.e. WDTK, email, letter, etc.

III. Starting back from as recent a date as possible to cover the previous at least a two year period and if costs allow a five year period.

IV. A date that the PHSO first received each FOI request.

V. The date the PHSO provided the first response which contained sufficient information that they considered answered the original request. (Not an acknowledgment date)

VI. To see the ‘heading’ or title of each request made to the PHSO

VII. Should be produced in an Excel spreadsheet or similar so that the information can be re-sorted for my own research purposes.

(b) The information that I would like to see, in addition to the above;-

I. The date the PHSO considered the matter to be completed.

II. A keyword or code that indicates the final outcome of the FOI request i.e. request met, not met, sent to Internal Review, sent to ICO, unknown status, withdrawn, finished. (This list is given here as an example only & is not exhaustive.)

III. A Summary of the FOI originators request containing more information than the Heading (see VI above) but not necessarily the full request and/or the PHSO response. The PHSO is not required to generate the information to answer this particular item.

Yours sincerely,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

CA Purkis left an annotation ()

Isn't the patronising game of cloak and dagger so very disturbing?
For your information, R Tozer, I had the same run around, in a previous FOI request which I have linked below;
https://www.whatdotheyknow.com/request/d...
Fascinating how this 'open and transparent' organisation fails to comprehend and interpret the FOI Act.
If they have reference numbers, they have a log. Might be interesting to ask how they generate the reference numbers?
For further information on the PHSO and their reluctance to share with the people that pay their salaries, please see
http://phsothefacts.com/

Della left an annotation ()

You have to be persistent with PHSO. Despite their open transparency claims they really like to keep stuff to themselves. Will follow this request with interest and please do visit phsothefacts.com while you are waiting for them to do their work.

Dear foiofficer,

As time marches on, would you please provide an indication when I might receive your response to this FOI request.

Thank you

Yours sincerely,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

R Tozer left an annotation ()

I'm not sure what the delay is here. A good IT analyst would surely be able to write a script to extract the required data in about an hour.

[Name Removed] (Account suspended) left an annotation ()

The conclusion is that the PHSO does not:

1. Employ a good IT analyst, within its £32m budget.
2. Have any list/log of FOI enquiries, despite each one being numbered.

But does:
3. 'Log enquiries', as stated above.....but doesn't have 'a log' as stated above.

Surely any competent FoI department should have some method of recording the FoI enquiries made to it?

Why not refer the request to the ICO R Tozer?

Della left an annotation ()

Alternatively PHSO does have a competent IT analyst, does log FOI requests and keeps a record of that log. All these would be reasonable functions of a large organisation such as phso. So why the silence, why the delay....

Kathleen Dobson left an annotation ()

if you listen very carefully......you can hear the cogs very very slowly grinding away in the strategy department"How do we answer this one and when"

Dear foiofficer,

Noting that this request started on 26th November 2013 and the various replies that have gone on since that date;-

On the 7th Dec 2013 & again on 31st Dec 2013 an Internal Review was requested but with despite my agreement, on 5th January 2014, for the Review being placed ‘on-hold’ I am still waiting for a definitive answer to my original request.

I further clarified on 5th January 2014 aspects of the original request to the PHSO in more detail and again there is no response or comment from you. At that time I also stated “As I am not asking for new information from the original request and the information was available at the first time of my request on 26th November 2013 I expect this matter to be dealt with promptly under the original request” to which I note the PHSO did not given any reason why there may be a delay in their answer.

I also note that to date you have not answered supplementary questions put to you on;-

(a) 7th December 2013 – “How long has the PHSO been generating such Index Codes & for what reason/s is this code generated?”

(b) 28th January 2014 – “Would you please provide an indication when I might receive your response to this FOI request?”

The FOI regulations clearly states such requests should be dealt with promptly and certainly within 20 days unless the originator is given valid reasons for any foreseeable delay. It is in my opinion, and of others, that the PHSO are somewhat prevaricating any rigorous objective response to my request of 26th November 2013.

Whilst I now put this matter to the ICO for advice, would you please pass this note to your Risk, Assurance and Programme Management Office, for formal Internal Review, where I hope that I will be provided with more than the usual false positive style reply.

Yours sincerely,

R Tozer

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

foiofficer, Parliamentary and Health Service Ombudsman

Dear R Tozer

Your information request (FDN-181177)

As you know, we are due to respond to your request today. I am sorry that we have not been able to comply with your request within the specified time frames in line with the Freedom of Information Act 2000.

We will respond to the request and the further 'supplementary questions' that you highlight by the end of next week. Once you receive our full response next week, if you then want to proceed with a review, please let us know.

If anything changes we will update you.

Yours sincerely

Claire Helm
Freedom of Information/Data Protection Officer
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

C Rock left an annotation ()

We have already seen that the PHSO Case management system is 'multi-purpose' and was probably not designed for recording PHSO complaints, FOIs, or other non-case requirements.

It might not have been written in the expectation of such. Extracting the data that transparency in administration demands might now be difficult but as you suggest R Tozer: a good IT analyst and some deft lines of SQL might pull out the data. Unless it's a card-index of course.

C Rock left an annotation ()

Annotation: From my last comment it may be useful to refer to my FOI request on complaints handling at https://www.whatdotheyknow.com/request/c...
in which I asked if Complaints against PHSO were recorded separately from Cases. Apparently there is no discrimination and complaints go into the case management system. Perhaps this is so with FOI requests - in which case are they linked to a case? (Your Case?)

foiofficer, Parliamentary and Health Service Ombudsman

Dear Mr Tozer,

Thank you for your email of 31 January 2014. I am sorry that you have not received a response to your request for a log of FOI requests we have received over past years (reference FDN-181177). It is taking some time to prepare this information for release, but we will respond to you as soon as possible.

In response to your query about index codes; we use these to organise our casework. When either a complaint or an information request is received, it is allocated a reference so that it can be identified within our electronic casework management system. Our current casework management system has been in use since 2005.

Finally, I have copied your email to our Review Team so that they are aware of your concerns.

We will be in contact again as soon as possible.

Yours sincerely

Freedom of Information / Data Protection Team
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

Please email the FOI/DP team at: [email address]

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[Name Removed] (Account suspended) left an annotation ()

Finally, I have copied your email to our Review Team so that they are aware of your concerns......

:::

The review team will be puzzled.

They only have a large pile of 'Case Closed' letters to send to you.

This will throw them into confusion.

Kathleen Dobson left an annotation ()

If they allocate a file number to documentation relevant to the cases for ready access then a physical log exists back to 2005.

Complaintsphso, Parliamentary and Health Service Ombudsman

RESTRICTED

Dear Mr Tozer

I am writing in response to your email of 31 January 2014. I apologise for the delay in responding to you. I am sorry that you are dissatisfied with our handling of your information request entitled ‘FOI Disclosure Log’.

Under our internal complaints procedure, your complaint has been passed to the Head of Risk, Assurance and Programme Management Office, Mr Steve Brown.

Mr Brown will consider your concerns and will send you a full reply once his review is complete. This review of your complaint is the only review that we will undertake.

We aim to reply to such complaints within 40 working days.

Yours sincerely

Tanya Jackson
Business Support Officer to the Review Team Parliamentary and Health Service Ombudsman
E: [email address]
W: www.ombudsman.org.uk

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Complaintsphso, Parliamentary and Health Service Ombudsman

RESTRICTED

Dear Mr Tozer

I am writing in response to your email of 31 January 2014. I apologise for the delay in responding to you. I am sorry that you are dissatisfied with our handling of your information request entitled ‘FOI Disclosure Log’.

Under our internal complaints procedure, your complaint has been passed to the Head of Risk, Assurance and Programme Management Office, Mr Steve Brown.

Mr Brown will consider your concerns and will send you a full reply once his review is complete. This review of your complaint is the only review that we will undertake.

We aim to reply to such complaints within 40 working days.

Yours sincerely

Tanya Jackson
Business Support Officer to the Review Team Parliamentary and Health Service Ombudsman
E: [email address]
W: www.ombudsman.org.uk

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E. Colville left an annotation ()

If the numbering system is sequential, as it is at other authorities, then reference https://www.whatdotheyknow.com/request/f... it would appear that between 1 Nov 2013 and 29 Jan 2014 when FDN-177,234 and FDN-183,468 were respectively set up, PHSO received 6,234 FOI/DPA requests.

Over the 58 business days in question (allowing for public holidays) that works out at an average of 107 a day which seems unusually high.

Case complaints or "enquiries" as PHSO prefer to call them are prefaced "EN" not "FDN" which represents FOI/DPA requests.

R Tozer left an annotation ()

Just to let you know on 19th Feb 2014 the ICO issued a letter to the PHSO in this matter.

I note Mr Steve Brown must have received it !!!!!!!

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

Mr Roger Tozer

By email only

 

5 March 2014

 

FDN-181177

 

Dear Mr Tozer

 

I write in response to your email of 5 January 2014 requesting information
relating to requests received by PHSO under the Freedom of Information Act
2000 (FOI Act). I apologise for the delay in responding.

 

As you have correctly identified, PHSO maintains log of the information
requests received. This contains details of all requests made under the
FOI Act and the Data Protection Act 1998. It also contains a significant
volume of material that is not relevant to your request, such as personal
information and detailed summaries of the requests.

 

From this log we have been able to extract almost all of the information
you have asked for. We have put this information into an excel spreadsheet
as requested (attached). I hope the information we have provided is
helpful.

 

However, we are unable to provide you with details about how the requests
were made to us (i.e. via ‘whatdotheyknow’, by email etc.), as the only
place this is recorded is on the individual cases themselves. Extracting
this information for you would require going through each individual case
file which would far exceed the cost limits set out in section 12 of the
FOI Act.

 

If you are not satisfied with my decision you can ask for a review by
email to: complaints[1][email address]

 

If you still have concerns after that, you can ask the Information
Commissioner’s Office to look into your case.  Their contact details are
available on their website at: [2]www.ico.org.uk

 

Yours sincerely

 

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [3][email address]

W: [4]www.ombudsman.org.uk

 

 

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Brown Steve, Parliamentary and Health Service Ombudsman

4 Attachments

 

 

Steve Brown

Head of Risk, Assurance and Programme Management Office

Parliamentary and Health Service Ombudsman

E: [email address]

W: [1]www.ombudsman.org.uk

 

Follow us on

[2]fb  [3]twitter  [4]linkedin

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/
2. http://www.facebook.com/phsombudsman
3. http://www.twitter.com/PHSOmbudsman
4. http://www.linkedin.com/company/parliame...

[Name Removed] (Account suspended) left an annotation ()

Another lot of information withheld.... And another apology for doing so.

At least the PHSO is seeming to realise that complainants are not vexatious for trying to get the information that was withheld from the first request.