Procedural Irregularity - a Freedom of Information request to Parliamentary and Health Service Ombudsman- Dec 2020

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

December 2020 ( last sent Oct 2020)

Dear Parliamentary and Health Service Ombudsman,

Request copied below is not new and was originally presented you in 2017. It's not been chased for several months because of the current situation. I'm reproducing it here because there is technical issue with the previous account arrangements.

At your convenience, would you kindly take a look at the query.

Yours faithfully,

DeBert

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Procedural Irregularity - a Freedom of Information request to Parliamentary and Health Service Ombudsman- Jan 2020

De bert 20 April 2020 Delivered

April 2020

Dear Parliamentary and Health Service Ombudsman,

This request follows a previous one entitled: Identify the Correct Authority - July 2017.

I've not been able to secure respose to my last communication of February 2020 so, present it here again under a new FOI title. Hope this meets with your approval:

If the complaints process is spoiled, through fabricating delay for example, in order to prejudice the complainant, then it may be criminal. No doubt the phso would point to the Administrative Court. I guess it depends on proof of intent but I'm not sure this is attainable. Nonetheless the difficulties encountered are extraordinary and suggests further investigation is in order. Not sure the phso or Administrative Court are competent to deliver such things? Perhaps you'd confirm who is?
If I do write to the phso, I understand its the Feedback and Review Team which would receive my communication: the team were identified in earlier communications.

Presumably, that deliberated procedural irregularity were demonstrable, you'd consider notifying the police. Kindly confirm?

May be wise you pass copy of this foi query string to raft: to secure confirmation it is competent and wishes to receive formal request for its services. It might be that raft are interested in receiving my request but unable to offer remedy, in which case, it can direct me.

Yours faithfully,
De Bert

Enclosure: FYI Ive copied the previous FOI:

Identify the Correct Authority De Bert made this Freedom of Information request to Parliamentary and Health Service Ombudsman

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De Bert
4 July 2017

Dear Sir/Madam,
A local NHS office directed a patient to a dental practice some distance from the his home. The dentist was not preferred however, the NHS explained there was no alternative although, later it transpired the NHS had lied.
There were problems at the practice. The patient was not welcome and, quite apart from the practice's failure to treat the patient well, there began an escalation of other difficulties. In hindsight it would appear the NHS direction was 'loaded'.
Would you identify any material you hold which identifies you as a/the competent authority to deal with complaints against i) a dentist and ii) a dental practice.
And, given the above, the NHS involvement, failure of the PCT to address a complaint and other failings and misdirections, would you kindly identify any material held which identifies you as a/the competent authority to deal with such a matter. (If you are not the competent authority, would you kindly identify one)

Yours faithfully, De Bert

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[email address], Parliamentary and Health Service Ombudsman
4 July 2017

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

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De Bert
18 August 2017

Dear Parliamentary and Health Service Ombudsman,
Are you planning to offer a response? I've enclosed the original query below:
Delivered - 4 July 2017 (and received acknowledgement of delivery) Dear Sir/Madam, A local NHS office directed a patient to a dental practice some distance from the his home. The dentist was not preferred however, the NHS explained there was no alternative although, later it transpired the NHS had lied. There were problems at the practice. The patient was not welcome and, quite apart from the practice's failure to treat the patient well, there began an escalation of other difficulties. In hindsight it would appear the NHS direction was 'loaded'. Would you identify any material you hold which identifies you as a/the competent authority to deal with complaints against i) a dentist and ii) a dental practice. And, given the above, the NHS involvement, failure of the PCT to address a complaint and other failings and misdirections, would you kindly identify any material held which identifies you as a/the competent authority to deal with such a matter. (If you are not the competent authority, would you kindly identify one) Yours faithfully.....

Yours faithfully, DB

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[email address], Parliamentary and Health Service Ombudsman
18 August 2017

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

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Kimberley Harris, Parliamentary and Health Service Ombudsman
24 August 2017

Dear Mr De Bert,
Thank you for your enquiry. The Parliamentary and Health Service Ombudsman would deal with a complaint regarding a dentist or dental treatment provided by the NHS. We would only do so if the complaint process with the dentist has been completed.

Yours sincerely, Kimberley Harris Customer Service Officer

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Harris Kimberley, Parliamentary and Health Service Ombudsman
13 November 2017

1 Attachment Attachment
Email HK 171113 101452.switch 2K Download
This email has been sent to you securely using Egress Switch.
Click https://reader.egress.com/p/2f1e1e63874a... to read it online.
If you have Switch installed, simply open the attachment.

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De Bert
21 January 2018

Dear Parliamentary and Health Service Ombudsman,
Unless your latest message is particularly sensitive or exposes something Id prefer not exposed, perhaps you'd kindly send me a response without me having to sign up for yet an other third party app. to access messages.
I suspect the only security implications here are of the type which exposes phso failings.
I enclose my last message:
De Bert 12 November 2017 - Delivered Dear Kimberley Harris, Subject: Re: PHSO:0608000057 I understood the message below (or something similar) was sent you October 1, 2017. Did you receive it?
.....October 1, 2017 Dear Kimberley Harris Subject, PHSO:0608000057 Many thanks for your message. Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on a GDC desk for about two years before it chose to acknowledge that it was not a matter for them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time limitations dictated the Ombudsman's ability to deal with the complaint. If this is not correct, please tell me. What would be useful now is to identify an authority competent to look into this affair. So, given the additional information above, and as you are able under the Act, would you kindly identify such an authority (if not yourselves)..... Yours sincerely,....

Yours faithfully,
De Bert

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[email address], Parliamentary and Health Service Ombudsman
21 January 2018

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

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De Bert

20 March 2018

Dear Parliamentary and Health Service Ombudsman,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.
Kimberely Harris kindly offered me a response via third party service. I'm unable to access the response. Would you kindly make it available on this site; the same site previously used to deliver your communications. If information contained within Ms Harris response is sensitive then kindly advise me the same. If you do not wish to deal with this FOI query then kindly confirm.
I've enclosed some messages from November 12, 2017:
- 12 November 2017 De Bert Dear Kimberley Harris, Subject: Re: PHSO:0608000057 I understood the message below (or something similar) was sent you October 1, 2017. Did you receive it? .....October 1, 2017 Dear Kimberley Harris Subject, PHSO:0608000057 Many thanks for your message. Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on a GDC desk for about two years before it chose to acknowledge that it was not a matter for them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time limitations dictated the Ombudsman's ability to deal with the complaint. If this is not correct, please tell me. What would be useful now is to identify an authority competent to look into this affair. So, given the additional information above, and as you are able under the Act, would you kindly identify such an authority (if not yourselves)..... Yours sincerely, De Bert
- 13 November 2017 Harris Kimberley, Parliamentary and Health Service Ombudsman 1 Attachment Email HK 171113 101452.switch 2K Download This email has been sent to you securely using Egress Switch. Click https://reader.egress.com/p/2f1e1e63874a... to read it online. If you have Switch installed, simply open the attachment.
- 21 January 2018 Delivered De Bert Dear Parliamentary and Health Service Ombudsman, Unless your latest message is particularly sensitive or exposes something Id prefer not exposed, perhaps you'd kindly send me a response without me having to sign up for yet an other third party app. to access messages. I suspect the only security implications here are of the type which exposes phso failings. I enclose my last message: De Bert 12 November 2017 - Delivered Dear Kimberley Harris, Subject: Re: PHSO:0608000057 I understood the message below (or something similar) was sent you October 1, 2017. Did you receive it? .....October 1, 2017 Dear Kimberley Harris Subject, PHSO:0608000057 Many thanks for your message. Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on a GDC desk for about two years before it chose to acknowledge that it was not a matter for them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time limitations dictated the Ombudsman's ability to deal with the complaint. If this is not correct, please tell me. What would be useful now is to identify an authority competent to look into this affair. So, given the additional information above, and as you are able under the Act, would you kindly identify such an authority (if not yourselves)..... Yours sincerely,....
- 21 January 2018 [email address], 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.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully, De Bert

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[email address], Parliamentary and Health Service Ombudsman
20 March 2018

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

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InformationRights, Parliamentary and Health Service Ombudsman
23 March 2018
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Dear DeBert,
Thank you for your email of 20th March.
Your query was responded to by our customer services team via Egress Switch. Please accept our apologies that your request for the email to be re-sent was not acted upon until now. We have located the email that was emailed to you by our Customer Services Team (attached).
Also, to assist please find a link to our website with information on how to make a complaint to PHSO. [1]https://www.ombudsman.org.uk/making-comp...

Kind regards Freedom Of Information/Data Protection Team Parliamentary and Health Service Ombudsman W: [2]www.ombudsman.org.uk

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De Bert
21 May 2018

Dear Parliamentary and Health Service Ombudsman,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.
Thank you for your previous communication. I note what you write about not receiving a communication. Given also that my original FOI query was made in July 2017, I summarise the background and ask you kindly offer response to my query.
Further to retirement of a dental practice, NHS administration in Ferndown Dorset directed an elderly patient to a new practice outside the previous practices catchment area. The patient sought alternative but was told none were available. This was a lie.
On each occasion visiting the practice there were difficulties. The practice failed to treat the patient with respect and on one occasion, following receptionist's actions, argument lead to police involvement; the dentist manager wantingly failing to control his staff or the situation.
The whole affair looks like a 'set-up' to subject patient of non British origins to a practice which did not wish to hold an 'ethnically diverse' patient list; the Ferndown NHS office directed the patient there in knowledge there would be difficulties.
Given that someone held enough authority to improperly direct the patient to the practice, it comes as no surprise there are subsequent difficulties securing recourse; someone holds enough authority to interfere and block access to prescribed recourse. What's occurred here is deliberated and a hate crime.
I made complaint against the dental practice in 2008 doing so following complaints procedures. I am related to the patient and directly affected by racism in the practice. The PCT and Ombudsman refused to deal with my complaint. I revisited the same several subsequent occasions but their position remained the same. The GDC held onto my complaint for two years failing to do anything (such actions quite possibly dictating the Ombudsman's position). There has also been plenty of misdirection.
Kindly identify the authority competent to deal with the collective failure of the above mentioned authorities. A reference to any document would be welcome. If you do not wish to deal with this matter or believe it falls outside your remit, kindly confirm the same. I would respectfully remind you however the FOI Act obliges you to provide advice and assistance so, whether or not document is held, one would hope you'd kindly and properly direct me.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully, De Bert

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[email address], Parliamentary and Health Service Ombudsman
21 May 2018

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

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InformationRights, Parliamentary and Health Service Ombudsman
31 May 2018

Dear De Bert
We have not processed an FOI request for you and as such cannot process an internal review. We provided you with a copy of a response which was issued to you via our Customer Service Team. We have therefore forwarded your email to our Customer Services Team and a colleague will contact you directly regarding this matter as soon as possible.

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

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De Bert
10 July 2018

Dear Parliamentary and Health Service Ombudsman,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.
Thanks you for your message. I note my query has not been considered under the Act and, as yet, I've received nothing from Customer Services consequently, I reword my query hoping it meets with your approval. That you require a new query, kindly confirm the same.
Under the right of access to documents according to the the FOI Act and other relevant legislation, I am requesting documents which contain the following information: details of the government office (or authority) competent (but not necessarily designed) to receive complaint about the collective failure of the aforementioned authorities. It is accepted the PHSO's failure may be a technical one; a result of delay in calling upon it (because GDC held onto the complaint) whereas, the PCT and GDC failure may be a professional one.
Respectfully I draw your attention to section 16 of the Act: you are obliged to provide advice and assistance. so, whether or not such a document exists, one would hope you'd kindly direct me.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully, De Bert

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[email address], Parliamentary and Health Service Ombudsman
10 July 2018

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

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InformationRights, Parliamentary and Health Service Ombudsman
11 July 2018

Dear De Bert
Thank you for your email.
With regards to the FOI request which you have outlined as:
I am requesting documents which contain the following information: details of the government office (or authority) competent (but not necessarily designed) to receive complaint about the collective failure of the aforementioned authorities. It is accepted the PHSO's failure may be a technical one; a result of delay in calling upon it (because GDC held onto the complaint) whereas, the PCT and GDC failure may be a professional one.
It is not clear what your request is asking for specifically. Under Section 1 (3) of the Freedom of Information Act (FOI) 2000 where an authority reasonably requires further information in order to identify and locate the information requested we are not obliged to comply unless supplied with that information.
I would therefore be grateful if you could please clarify and state clearly what information you are looking to receive under the FOI Act.
With regards to your general enquiry I have contacted our Customer Services department for you to establish when a response will be issued in relation to the personal matter you have raised. Please note however that the PHSO will be unable to discuss personal information through whatdotheyknow.com and such communication will need to be sent through your personal email address.
With regards to the FOI request which you have now submitted and which we need some clarification on we will process this for you when we understand exactly what recorded business information you require. However, please note that personal information or the discussion of personal complaint matters is exempt under Section 40(2) of the FOI Act.

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

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Phso Enquiries, Parliamentary and Health Service Ombudsman
21 August 2018

We are committed to keeping your information secure. As part of that commitment we have decided that when we send you information by email we may have to remove some details. This includes information that may identify you; or any other person and sometimes the organisation complained about.
Dear Mr De Bert,
We would firstly like to apologise for the delay in responding to you. A colleague within our Freedom of Information team has provided me with a copy of your recent email to our service and I understand their department will also be responding to questions you have raised.
As you may be aware, we are the final stage in the complaints process and are responsible for making the final decisions on complaints that have not been resolved by the NHS in England, as well as various UK Government departments and services. In order to consider a complaint, we would need to see that you have completed the formal complaints procedure of the organisation involved.
If you have already registered a formal complaint and completed local resolution with the organisation, then the complaint should be ready to bring to us for consideration. We would need to see copies of the responses issued to the complaint, and in order to provide us with all of the relevant details we require to consider the complaint, we would ask that you take the time to complete our online complaint form. The form can be accessed via the complaints checker found on the homepage of our website ([1]https://www.ombudsman.org.uk/) or alternatively we would be happy to post a copy if you prefer.
If you would like to speak to us in order to discuss the complaint at any point, then please call our customer service team on 0345 015 4033 (select option 2). We are open from 8:30am-5:30pm Monday to Friday. Any member of our team will be able to help on the call, so you would not need to ask for a specific person.
Alternatively, if you would like to email us from your own personal email address, we will be able to discuss your complaint and circumstances in more depth.
Please note that if you are unhappy with our service or a decision made on a complaint, then you can contact our Review and Feedback Team via email on: [2][email address]
Please do let us know should you have any further questions.

Kind regards Parliamentary and Health Service Ombudsman T: 0345 015 4033 E: [3][email address] W: [4]www.ombudsman.org.uk
References Visible links 1. https://www.ombudsman.org.uk/ 2. mailto:[email address] 3. mailto:[email address] 4. http://www.ombudsman.org.uk/ http://www.ombudsman.org.uk/

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De Bert
30 August 2018

Dear Information Rights,
In response to your message of July 11th which I copy below for your convenience.
I seek to identify organisation competent to receive (and handle) concerns about the collective failure of the PCT, GDC and Ombudsman in dealing with a complaint. As I say, it is accepted the Ombudsman's failure may be technical; a result of delay in calling upon it because the GDC 'sat-on' the original complaint.
Do you wish to share with me, without prejudice, a reference to document or similar (as you are legally obligated) which identifies an office competent to receive a complaint of this sort (collective failure of the aforementioned authorities) I do not seek advice, instruction or interpretation.
If you do not wish to share this information, that's OK but it may be helpful were you to clarify why. If you do not hold this information, would you then kindly identify, as you are able, where I should direct my query.
If there is any part this message you do not understand or it fails to meet with your approval then kindly confirm and explain precisely your concerns; doing so would allow me to adjust my query accordingly.
Respectfully I draw your attention to section 16 of the Act.

Yours faithfully, De Bert

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11 July 2018 Information Rights, Parliamentary and Health Service Ombudsman

Dear De Bert
Thank you for your email.
With regards to the FOI request which you have outlined as: I am requesting documents which contain the following information: details of the government office (or authority) competent (but not necessarily designed) to receive complaint about the collective failure of the aforementioned authorities. It is accepted the PHSO's failure may be a technical one; a result of delay in calling upon it (because GDC held onto the complaint) whereas, the PCT and GDC failure may be a professional one.
It is not clear what your request is asking for specifically. Under Section 1 (3) of the Freedom of Information Act (FOI) 2000 where an authority reasonably requires further information in order to identify and locate the information requested we are not obliged to comply unless supplied with that information.
I would therefore be grateful if you could please clarify and state clearly what information you are looking to receive under the FOI Act. With regards to your general enquiry I have contacted our Customer Services department for you to establish when a response will be issued in relation to the personal matter you have raised. Please note however that the PHSO will be unable to discuss personal information through whatdotheyknow.com and such communication will need to be sent through your personal email address.
With regards to the FOI request which you have now submitted and which we need some clarification on we will process this for you when we understand exactly what recorded business information you require. However, please note that personal information or the discussion of personal complaint matters is exempt under Section 40(2) of the FOI Act.

Yours sincerely Freedom of Information/Data Protection Officer Parliamentary and Health Service Ombudsman

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[email address], Parliamentary and Health Service Ombudsman
30 August 2018

Thank you for contacting the Parliamentary and Health Service Ombudsman?s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request. If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.

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De Bert
23 October 2018

Dear Parliamentary and Health Service Ombudsman,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.
Please confirm whether you are to address my query. Your acknowledgement was received 30 August 2018
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully, De Bert

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[email address], Parliamentary and Health Service Ombudsman
23 October 2018

Thank you for contacting the Parliamentary and Health Service Ombudsman?s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request. If you have made a request for information under the Freedom of Information Act 2000..

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InformationRights, Parliamentary and Health Service Ombudsman
6 November 2018
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Dear De Bert,
Thank you for your email of 23 October.
You are seeking the name of an organisation that could look at a complaint collectively about the PCT, the GDC and PHSO. We have been informed there isn?t one organisation that can do this.
· If you wish to complain about a PCT, then PHSO could potentially look at that complaint. In terms of complaints about the General Dental Council, they aren?t within PHSOs remit.
· It may be that you would need to approach them to see if there is any organisation you can contact. In terms of PHSO, if you are not happy with the service or decisions we have provided, you can contact our the Review and Feedback Team [1]https://www.ombudsman.org.uk/about-us/fe... to ask us to look at a complaint about our service.
· In terms of externally to PHSO, there isn?t an organisation that would handle individual complaints about PHSO. You are able to let the Public Administration and Constitutional Affairs Committee (PACAC) know about concerns to form part of their general scrutiny of our work but they wouldn?t look into any specific issues. Contact details are Public Administration and Constitutional Affairs Committee House of Commons London SW1A 0AA Telephone: 020 7219 3268 Email: [2][email address]

Yours sincerely, Freedom Of Information/Data Protection Team Parliamentary and Health Service Ombudsman W: [3]www.ombudsman.org.uk

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De Bert
13 December 2018

Dear InformationRights,
Thanks for your message.
I plan to contact PACAC. Further to which I may choose to communicate with your Review and Feedback Team.
For the moment, I'm going to leave this query open.

Regards
De Bert

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[email address], Parliamentary and Health Service Ombudsman
13 December 2018

Thank you for contacting the Parliamentary and Health Service Ombudsman?s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request..

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[email address], Parliamentary and Health Service Ombudsman
18 June 2019

Thank you for contacting the Parliamentary and Health Service Ombudsman?s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request..

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InformationRights, Parliamentary and Health Service Ombudsman
24 June 2019

Dear De Bert
Under the Freedom of Information (FOI) Act 2000, individuals have the right of access to recorded business information held by public authorities unless an exemption applies.
In accordance with Section 1(1) of the FOI Act 2000 any person making a request for information to a public authority is entitled to (a) be informed in writing by the public authority whether it holds information of the description specified in the request and (b) if that is the case, to have that information communicated to him.
Section 8 (1) of the FOI Act 2000 states what is a valid request for information. Whilst a request in the form of a question may still be valid in accordance with Section 8(1)(c), this is only providing it describes distinguishing characteristics of the information. There is no requirement under the FOI Act to answer questions which would mean creating new information or giving an opinion or judgment that is not already recorded. It is considered your questions do not conform to the required standard for a valid request for information.
You will need to direct your general enquiry to our Customer Services team. I have provided a link below to our contact page: https://www.ombudsman.org.uk/about-us/co...

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

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InformationRights, Parliamentary and Health Service Ombudsman
24 June 2019

Dear De Bert
Under the Freedom of Information (FOI) Act 2000, individuals have the right of access to recorded business information held by public authorities unless an exemption applies.
In accordance with Section 1(1) of the FOI Act 2000 any person making a request for information to a public authority is entitled to (a) be informed in writing by the public authority whether it holds information of the description specified in the request and (b) if that is the case, to have that information communicated to him.
Section 8 (1) of the FOI Act 2000 states what is a valid request for information. Whilst a request in the form of a question may still be valid in accordance with Section 8(1)(c), this is only providing it describes distinguishing characteristics of the information. There is no requirement under the FOI Act to answer questions which would mean creating new information or giving an opinion or judgment that is not already recorded. It is considered your questions do not conform to the required standard for a valid request for information.
You will need to direct your general enquiry to our Customer Services team. I have provided a link below to our contact page: https://www.ombudsman.org.uk/about-us/co...

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

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De Bert
23 August 2019 Delivered

Dear PHSO,
Thanks for your communication.
Having spoken with the PHSO, two issues were identified: i) addressing the original complaint against the dental practice and; ii) identifying the office competent to receive complaint about failings of the complaints process; if a legitimate complaint is delayed, trashed, misdirected or 'sat-on', then complainant's access to recourse may be prejudiced if not denied.
Today the PHSO explain the second issue (ii) is not a matter it deals-with however, the PHSO are qualified to deal with the original complaint so, if it can be demonstrated the complaints process was prejudiced then the PHSO or someone appointed by PACAC could be charged to address the original complaint.
So, as an FOI query: do you hold any document (policy or white-paper) dealing with the above, perhaps as an exceptional case matter? Please note: I'm not asking you create anything or offer opinion. If no document exist, a simple confirmation would suffice and any direction would be welcome.

Yours faithfully, De Bert

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InformationRights, Parliamentary and Health Service Ombudsman
17 September 2019
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Dear De Bert
RE: Your information request: R0000852
I write in response to your request dated 23 August 2019 to the PHSO which has been handled under the Freedom of Information Act 2000.
Request Having spoken with the PHSO, two issues were identified:
i) addressing the original complaint against the dental practice and;
ii) identifying the office competent to receive complaint about failings of the complaints process; if a legitimate complaint is delayed, trashed, misdirected or 'sat-on', then complainant's access to recourse may be prejudiced if not denied.
Today the PHSO explain the second issue (ii) is not a matter it deals-with however, the PHSO are qualified to deal with the original complaint so, if it can be demonstrated the complaints process was prejudiced then the PHSO or someone appointed by PACAC could be charged to address the original complaint.
So, as an FOI query: do you hold any document (policy or white-paper) dealing with the above, perhaps as an exceptional case matter? Please note: I'm not asking you create anything or offer opinion. If no document exists, a simple confirmation would suffice and any direction would be welcome.
Response We do not hold complaint handling specific guidance. You may wish to view our Service Model however which details the policies and procedures we use to assess and investigate complaints. Please find a link below: [1]https://www.ombudsman.org.uk/about-us/co...
If you believe we have made an error in the way I have processed your information request, it is open to you to request an internal review. You can do this by writing to us by post or by email to [2][Parliamentary and Health Service Ombudsman request email]. You will need to specify that the nature of the issue is and we can consider the matter further. Beyond that, it is open to you to complain to the Information Commissioner?s Office ([3]www.ico.org.uk).

Yours sincerely Freedom of Information/Data Protection Team Parliamentary and Health Service Ombudsman W: [4]www.ombudsman.org.uk
References
Visible links 1. https://www.ombudsman.org.uk/about-us/co... 2. mailto:[Parliamentary and Health Service Ombudsman request email] 3. http://www.ico.org.uk/ 4. http://www.ombudsman.org.uk/ http://www.ombudsman.org.uk/ 5. http://www.facebook.com/phsombudsman 6. http://www.twitter.com/PHSOmbudsman 7. http://www.linkedin.com/company/parliame...

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De Bert
31 October 2019

Dear InformationRights,
Many thanks for your response.
As addendum to my last message: whether or not prejudice in the complaints process can be demonstrated, it seems likely the phso would choose not to revisit it so, in such a case, what level of authority would secure a phso revisit of the complaint? For example, I'd guess the phso may be receptive to instruction from an MP or the police? Is there other?
Kindly treat this query as a follow up FOI query.

Yours faithfully, De Bert

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[email address],
31 October 2019

Thank you for contacting the Parliamentary and Health Service Ombudsman?s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request..

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InformationRights, Parliamentary and Health Service Ombudsman
19 November 2019

Dear De Bert
RE: Your information request: R0000965
I write in response to your email dated 31 October 2019 requesting information from the Parliamentary and Health Service Ombudsman (PHSO). Your request has been handled under the Freedom of Information Act 2000.
Your request: As addendum to my last message: whether or not prejudice in the complaints process can be demonstrated, it seems likely the phso would choose not to revisit it so, in such a case, what level of authority would secure a phso revisit of the complaint? For example, I'd guess the phso may be receptive to instruction from an MP or the police? Is there other?
Response The Parliamentary Commissioners Act 1967 and the Health Service Commissioners Act 1993 gives the Ombudsman discretion to investigate and reinvestigate (revisit) a complaint. The Review and Feedback (RaF) Guidance which is published within our Service Model explains when he might decide to revisit a complaint.
There is no outside authority that can compel the Ombudsman to revisit a complaint. However, an individual or organisation can apply for a judicial review of an Ombudsman decision if they think he has applied his discretion unlawfully.
We have provided a link to the RaF guidance below for you: [1]https://www.ombudsman.org.uk/sites/defau...
If you believe we have made an error in the way I have processed your information request, it is open to you to request an internal review. You can do this by writing to us by post or by email to [2][Parliamentary and Health Service Ombudsman request email]. You will need to specify what the nature of the issue is and we can consider the matter further. Beyond that, it is open to you to complain to the Information Commissioner?s Office ([3]www.ico.org.uk).

Yours sincerely Freedom of Information/Data Protection Team Parliamentary and Health Service Ombudsman W: [4]www.ombudsman.org.uk
References Visible links 1. https://www.ombudsman.org.uk/sites/defau... 2. mailto:[Parliamentary and Health Service Ombudsman request email] 3. http://www.ico.org.uk/ 4. http://www.ombudsman.org.uk/

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De Bert
29 December 2019

Dear InformationRights,
Thank you for your communication of 19 November 2019
If the complaints process is spoiled, through fabricating delay for example, in order to prejudice the complainant, then it may be criminal. No doubt the phso would point to the Administrative Court. I guess it depends on proof of intent but I'm not sure this is attainable. Nonetheless the difficulties encountered are extraordinary and suggests further investigation is in order. Not sure the phso or Administrative Court are competent to deliver such things? Perhaps you'd confirm who is?
If I do write to the phso, I understand its the Feedback and Review Team which would receive my communication: the team were identified in earlier communications. Kindly confirm.

Yours sincerely, De Bert

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De Bert
29 December 2019

Dear InformationRights,
Thank you for your communication of 19 November 2019
If the complaints process is spoiled, through fabricating delay for example, in order to prejudice the complainant, then it may be criminal. No doubt the phso would point to the Administrative Court. I guess it depends on proof of intent but I'm not sure this is attainable. Nonetheless the difficulties encountered are extraordinary and suggests further investigation is in order. Not sure the phso or Administrative Court are competent to deliver such things? Perhaps you'd confirm who is?
If I do write to the phso, I understand its the Feedback and Review Team which would receive my communication: the team were identified in earlier communications. Kindly confirm.

Yours sincerely, De Bert

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InformationRights, Parliamentary and Health Service Ombudsman
6 January 2020

Dear De Bert
As per the RaFT guidance, when someone is unhappy with the decision we have made on their case, or the service they have experienced, we expect them to initially raise their concerns with the original case owner, or if a service complaint, their manager. This is because the person who handled the case is normally best placed to resolve any concerns and answer questions about it.
We would usually expect the complainant to have raised any concerns with the original case owner or their manager within one month of the decision complained about.
If the original case owner is unable to resolve a complaint about our decision, the person or organisation complaining will be asked to complete a form or provide information that explains what they think was wrong in our decision-making. This will then be passed to the case owner?s manager for consideration. Their manager will then decide what action needs to be taken on a case, including whether it can be resolved short of further consideration, whether a peer review is needed or whether it should be passed to the Review and Feedback Team.
The Review and Feedback Team handles complaints about our decisions and service when we consider this appropriate. They also handle positive feedback and gather insight and learning.
A review is not the same as looking at an assessment or investigation again. The caseworker (on the Review and Feedback Team) will instead be looking at whether anything went wrong, and if so, what impact it had on our decision. If we find we did something wrong, we will either look to put things right, or offer another form of remedy if we cannot do this. We will only review a case once, except in exceptional circumstances.
Our decisions are final and can only be challenged by Judicial Review. We recognise though that this is a technical and expensive process, so in rare circumstances the Review and Feedback Team can review a decision we have made on a case. There is no automatic right to a review, and a case needs to meet specific criteria in order for the Review and Feedback Team to be involved. We will not review a case just because someone is unhappy or disagrees with what we have done.
This is also referenced in summary form on the below page on our website:
[1]https://www.ombudsman.org.uk/about-us/fe...

Yours sincerely Freedom of Information/Data Protection Team Parliamentary and Health Service Ombudsman W: [2]www.ombudsman.org.uk

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De Bert
23 February 2020
Dear InformationRights,
Presumably, that deliberated procedural irregularity were demonstrable, you'd consider notifying the police?

Yours sincerely,
De Bert

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InformationRights, Parliamentary and Health Service Ombudsman

23 February 2020

Thank you for contacting the Parliamentary and Health Service Ombudsman?s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request..

..Angharad Jackson Data Protection Officer & Assistant Director Information Assurance Office of the Parliamentary and Health Service Ombudsman PHSO CityGate 47-51 Mosley Street Manchester M2 3HQ [email address]

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De Bert
23 February 2020

Dear Parliamentary and Health Service Ombudsman,
as addendum to my last message sent same date.
May be wise you pass copy of this foi query string to raft: to secure confirmation it is competent and wishes to receive formal request for its services. It might be that raft are interested in receiving my request but unable to offer remedy, in which case, it can direct me.

Yours faithfully,
De Bert

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InformationRights, Parliamentary and Health Service Ombudsman
20 April 2020

Thank you for contacting the Parliamentary and Health Service Ombudsman?s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request.....

Angharad Jackson
Data Protection Officer & Assistant Director Information Assurance
Office of the Parliamentary and Health Service Ombudsman
PHSO CityGate
47-51 Mosley Street
Manchester
M2 3HQ
[email address]

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Link to this Report
De bert 10 June 2020
Delivered

June 10 2020

Dear Parliamentary and Health Service Ombudsman,

Awaiting your kind response

Yours faithfully,

De bert

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

Link to this Report
InformationRights, Parliamentary and Health Service Ombudsman
10 June 2020

Thank you for contacting the Parliamentary and Health Service Ombudsman?s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request......

Angharad Jackson
Data Protection Officer & Assistant Director Information Assurance
Office of the Parliamentary and Health Service Ombudsman
PHSO CityGate
47-51 Mosley Street
Manchester
M2 3HQ
[email address]

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

Link to this Report
De bert 25 July 2020
Delivered

Dear Parliamentary and Health Service Ombudsman,

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

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Procedural Irregularity'

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

De bert

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De bert 16 September 2020
Unknown

Dear Parliamentary and Health Service Ombudsman,

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

Having not received your response, I respectfully request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Procedural Irregularity'

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

De bert

InformationRights, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request. If you have made a request for information
under the Freedom of Information Act 2000 or Environment Information
Regulations 2004, we will respond to your request within 20 working days
in accordance with the statutory time frames set out in both Acts. If you
have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and will be responded to within one
calendar month in accordance with the statutory time frame set out in the
Act. We may contact you before this time if we require further
clarification or if we need to extend the time required to complete your
request. For Subject Access Requests, we will send any personal
information via secure email, unless you instruct us differently. To
access the information on the email we send, you will need to sign up to
our secure email service. Details can be found on our website using the
link below:
https://www.ombudsman.org.uk/about-us/co...
If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible. Angharad Jackson Data Protection Officer & Assistant Director
Information Assurance Office of the Parliamentary and Health Service
Ombudsman PHSO CityGate 47-51 Mosley Street Manchester M2 3HQ
[email address]

Dear Parliamentary and Health Service Ombudsman,

Awaiting your kind response

Yours faithfully,

De.bert

InformationRights, Parliamentary and Health Service Ombudsman

Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request. If you have made a request for information
under the Freedom of Information Act 2000 or Environment Information
Regulations 2004, we aim to respond to your request within 20 working days
in accordance with the statutory time frames set out in both Acts. If you
have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and we aim to respond within one calendar
month in accordance with the statutory time frame set out in the Act. We
may contact you before this time if we require further clarification or if
we need to extend the time required to complete your request.

Please note that we are currently experiencing a high demand, and might
not be able to comply with the statutory deadline for your request. Any
late responses can be referred to the Information Commissioner’s Office:

https://ico.org.uk/

For Subject Access Requests, we will send any personal information via
secure email, unless you instruct us differently. To access the
information on the email we send, you will need to sign up to our secure
email service. Details can be found on our website using the link below:
https://www.ombudsman.org.uk/about-us/co...
If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible. Angharad Jackson Data Protection Officer & Assistant Director
Information Assurance Office of the Parliamentary and Health Service
Ombudsman PHSO CityGate 47-51 Mosley Street Manchester M2 3HQ
[email address]

Dear Parliamentary and Health Service Ombudsman,

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

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Procedural Irregularity - a Freedom of Information request to Parliamentary and Health Service Ombudsman- Dec 2020'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

De.bert