Paradox within the law; The Health Commissioner's Act versus the Misconduct In Public Service Act

Waiting for an internal review by Parliamentary and Health Service Ombudsman of their handling of this request.

Dear Parliamentary and Health Service Ombudsman,

This link;

https://www.whatdotheyknow.com/request/t...

Provides this quote from your department;

"The Ombudsman has a wide discretion to initiate, continue or discontinue
an investigation under section 3(2) of the Health Service Commissioners
Act 1993 (HSCA). The HSCA is available in the public domain and is online
at: [1]www.legislation.gov.uk

The decision on whether or not to initiate, continue or discontinue an
investigation, including investigations of complaints involving patients
who are vulnerable or at risk, rests with the Ombudsman alone."

This year, the Law Commission reviews the Misconduct in Public Office Act;
When and how has The Ombudsman sought clarity as to which legislation should be pro-actively followed by this organisation?

For example, the Misconduct in Public Office Act (MIPO) requires that;

a public officer acting as such; wilfully neglects to perform his duty and/or wilfully misconducts himself; to such a degree as to amount to an abuse of the public’s trust in the office holder; without reasonable excuse or justification.

I look forward to your "best" cooperation in your response.

Yours faithfully,

Fiona Watts

FionaWatts@magnacarta300
#lawcommipo
 #MIPO_phso

foiofficer@ombudsman.org.uk, 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.

foiofficer, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Miss Watts

 

Thank you for your email of 19 March 2016 in which you requested
information held by the Parliamentary and Health Service Ombudsman (PHSO).

 

In order to be able to respond to your request, it would help me if you
can please address the following points:

 

·         Please resend the link you refer to you in your request. The
link you have provided does not relate to the quote below.

·         Please clarify which organisation you refer to in the following
question: ‘When and how has The Ombudsman sought clarity as to which
legislation should be pro-actively followed by this organisation?’ Do you
meant the PHSO or the Law Commission?

 

I would appreciate if you could please respond by 14 April 2016. Without
this information I may not be able to respond to your request.

 

Yours sincerely

 

Philippa Curran

Legal Assistant

Parliamentary and Health Service Ombudsman

E: [1][email address]

W: [2]www.ombudsman.org.uk

 

Follow us on

[3]fb  [4]twitter  [5]linkedin

 

From: Fiona Watts [mailto:[FOI #323445 email]]
Sent: 19 March 2016 11:11
To: foiofficer
Subject: Freedom of Information request - Paradox within the law; The
Health Commissioner's Act versus the Misconduct In Public Service Act

 

Dear Parliamentary and Health Service Ombudsman,

This link;

[6]https://www.whatdotheyknow.com/request/t...

Provides this quote from your department;

"The Ombudsman has a wide discretion to initiate, continue or discontinue
an investigation under section 3(2) of the Health Service Commissioners
Act 1993 (HSCA). The HSCA is available in the public domain and is online
at: [1][7]www.legislation.gov.uk

The decision on whether or not to initiate, continue or discontinue an
investigation, including investigations of complaints involving patients
who are vulnerable or at risk, rests with the Ombudsman alone."

This year, the Law Commission reviews the Misconduct in Public Office Act;
When and how has The Ombudsman sought clarity as to which legislation
should be pro-actively followed by this organisation?

For example, the Misconduct in Public Office Act (MIPO) requires that;

a public officer acting as such; wilfully neglects to perform his duty
and/or wilfully misconducts himself; to such a degree as to amount to an
abuse of the publics trust in the office holder; without reasonable excuse
or justification.

I look forward to your "best" cooperation in your response.

Yours faithfully,

Fiona Watts

FionaWatts@magnacarta300
#lawcommipo
 #MIPO_phso

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Dear foiofficer,

Is your intention to confuse my FOI Philippa Curran? Please clarify in which year did the Law Commission become an Ombudsman for the Health service?

I advise you to take care with your answers. You know full well that I am already progressing Misfeasance in Public office against those public servants - who have delayed my right to justice in a timely fashion.

Yours sincerely,

Fiona Watts

foiofficer@ombudsman.org.uk, 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.

foiofficer, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Miss Watts

 

Your information request: FDN-252354

 

I refer to your email of 19 March 2016 in which you requested information
held by the Parliamentary and Health Service Ombudsman (PHSO) in the
following terms:

 

‘This link;

 

[1]https://www.whatdotheyknow.com/request/t...

 

Provides this quote from your department;

 

"The Ombudsman has a wide discretion to initiate, continue or discontinue
an investigation under section 3(2) of the Health Service Commissioners
Act 1993 (HSCA). The HSCA is available in the public domain and is online
at: [1][2]www.legislation.gov.uk

 

The decision on whether or not to initiate, continue or discontinue an
investigation, including investigations of complaints involving patients
who are vulnerable or at risk, rests with the Ombudsman alone."

 

This year, the Law Commission reviews the Misconduct in Public Office Act;

 

When and how has The Ombudsman sought clarity as to which legislation
should be pro-actively followed by this organisation?

 

For example, the Misconduct in Public Office Act (MIPO) requires that;

 

a public officer acting as such; wilfully neglects to perform his duty
and/or wilfully misconducts himself; to such a degree as to amount to an
abuse of the publics trust in the office holder; without reasonable excuse
or justification.

 

I look forward to your "best" cooperation in your response.’

 

On 7 April 2016 I sent you an email with a number of questions to make
sure that I understood what information you wanted. However, I have not
received the clarification I was seeking. As such, I have considered what
information we hold falling within the scope of your request as far as I
understand it.

 

In accordance with section 1 of the Freedom of Information Act 2000 (FOIA)
I can confirm that we do not hold information in relation to ‘When and how
The Ombudsman has sought clarity as to which legislation should be
pro-actively followed by this organisation’.

 

If you are unhappy with the outcome of this request, or require further
clarification, you can email [3][email address].

 

Yours sincerely

 

Philippa Curran

Legal Assistant

Parliamentary and Health Service Ombudsman

E: [4][email address]

W: [5]www.ombudsman.org.uk

 

Follow us on

[6]fb  [7]twitter  [8]linkedin

 

From: Fiona Watts [mailto:[FOI #323445 email]]
Sent: 19 March 2016 11:11
To: foiofficer
Subject: Freedom of Information request - Paradox within the law; The
Health Commissioner's Act versus the Misconduct In Public Service Act

 

Dear Parliamentary and Health Service Ombudsman,

This link;

[9]https://www.whatdotheyknow.com/request/t...

Provides this quote from your department;

"The Ombudsman has a wide discretion to initiate, continue or discontinue
an investigation under section 3(2) of the Health Service Commissioners
Act 1993 (HSCA). The HSCA is available in the public domain and is online
at: [1][10]www.legislation.gov.uk

The decision on whether or not to initiate, continue or discontinue an
investigation, including investigations of complaints involving patients
who are vulnerable or at risk, rests with the Ombudsman alone."

This year, the Law Commission reviews the Misconduct in Public Office Act;
When and how has The Ombudsman sought clarity as to which legislation
should be pro-actively followed by this organisation?

For example, the Misconduct in Public Office Act (MIPO) requires that;

a public officer acting as such; wilfully neglects to perform his duty
and/or wilfully misconducts himself; to such a degree as to amount to an
abuse of the publics trust in the office holder; without reasonable excuse
or justification.

I look forward to your "best" cooperation in your response.

Yours faithfully,

Fiona Watts

FionaWatts@magnacarta300
#lawcommipo
 #MIPO_phso

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[11][FOI #323445 email]

Is [12][Parliamentary and Health Service Ombudsman request email] the wrong address for Freedom of
Information requests to Parliamentary and Health Service Ombudsman? If so,
please contact us using this form:
[13]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[15]https://www.whatdotheyknow.com/help/ico-...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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For more information please visit [16]http://www.symanteccloud.com
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References

Visible links
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2. http://www.legislation.gov.uk/
3. mailto:[email address]
4. mailto:[email address]
5. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/
6. http://www.facebook.com/phsombudsman
7. http://www.twitter.com/PHSOmbudsman
8. http://www.linkedin.com/company/parliame...
9. https://www.whatdotheyknow.com/request/t
10. http://www.legislation.gov.uk/
11. mailto:[FOI #323445 email]
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16. http://www.symanteccloud.com/

D. Speers left an annotation ()

Appalling behaviour and from public servants WE pay wages of!

Dear foiofficer,

I refer you to two points of information;
1) a public officer acting as such; wilfully neglects to perform his duty and/or wilfully misconducts himself; to such a degree as to amount to an abuse of the publics trust in the office holder; without reasonable excuse
or justification.

2) the so called discretionary powers of The Ombudsman outlined in The Health Commissioner's Act.

Clarification sought from you;
If the following attempt to resolve my request is too wide or unclear, and you require a clarification, I would be grateful if you could contact me as I understand that under the Act, you are required to advise and assist requesters.(Section 16 Regulation 9).

Question;
Please confirm whether The Ombudsman has sought clarification from the Law Commission, Parliament or any Judge as which legislation is held with higher regard under UK law? A willful neglect of public duty or the discretionary power to ignore crimes against a UK citizen?

Yours sincerely,

Fiona Watts

Informationrights@ombudsman.org.uk, 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.

InformationRights, Parliamentary and Health Service Ombudsman

Dear Fiona Watts

 

We have responded to a series of information requests you made in one
response which is available to view here:

 

[1]www.whatdotheyknow.com/request/when_an_in_house_lawyer_working

 

Yours sincerely

 

Aimee Gasston

Acting Head of Freedom of Information / Data Protection

Parliamentary and Health Service Ombudsman

W: [2]www.ombudsman.org.uk

 

Please email the FOI/DP team at: [3][Parliamentary and Health Service Ombudsman request email]

 

From: Fiona Watts [mailto:[FOI #323445 email]]
Sent: 25 May 2016 11:07
To: InformationRights
Subject: Internal review of Freedom of Information request - Paradox
within the law; The Health Commissioner's Act versus the Misconduct In
Public Service Act

 

Dear foiofficer,

I refer you to two points of information;
1) a public officer acting as such; wilfully neglects to perform his duty
and/or wilfully misconducts himself; to such a degree as to amount to an
abuse of the publics trust in the office holder; without reasonable excuse
or justification.

2) the so called discretionary powers of The Ombudsman outlined in The
Health Commissioner's Act.

Clarification sought from you;
If the following attempt to resolve my request is too wide or unclear, and
you require a clarification, I would be grateful if you could contact me
as I understand that under the Act, you are required to advise and assist
requesters.(Section 16 Regulation 9).

Question;
Please confirm whether The Ombudsman has sought clarification from the Law
Commission, Parliament or any Judge as which legislation is held with
higher regard under UK law? A willful neglect of public duty or the
discretionary power to ignore crimes against a UK citizen?

Yours sincerely,

Fiona Watts

show quoted sections

Dear InformationRights,

I will continue to ask questions - until you bring transparency to your responses on here. (Simple as)

Do I really have to come down there and start marching up and down outside your offices with my unanswered FOI queries on a large banner? Really? I am too old for such malarky! Please comply!

Yours sincerely,

Fiona Watts

Informationrights@ombudsman.org.uk, 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.

InformationRights, Parliamentary and Health Service Ombudsman

Dear Miss Watts

I acknowledge and confirm receipt of your emails dated 1 July 2016.

Please be assured that we are looking into all of your emails that we received today and we will respond to you as soon as we can.

Kind regards,

Sohifa Kadir
FOI/DP Officer

show quoted sections

Thank you Sohifa Kadir.

Informationrights@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


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