1 Horse Guards Road
T +44 (0)20 7276 2294
London
xxx.xxxx@xxxxxxxxxxxxxx.xxx.xxx.xx
SW1A 2HQ
www.cabinet office.gov.uk
E Colville
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
FOI Reference: FOI318419
12th December 2013
Dear E Colville
I refer to your request where you asked:
“1. Copy of the Guidance to government departments on working with the
Parliamentary and Health Service Ombudsman ("Ombudsman") (covering each
year 2008 to date).
2. Copy of the central list of departmental contacts tasked with ensuring that the
Ombudsman receives prompt and comprehensive response to requests for
information and documents (for each year 2008 to date).
3. Minutes of two monthly liaison meetings between the Ombudsman and the
Cabinet Office (for each year 2008 to date)
4. List of named Permanent Secretary designated as the "Ombudsman
Champion" (for each year 2007 to date).
Your request has been handled under the Freedom of Information Act 2000 (‘the Act’).
Following a search of our records, I can confirm that the Cabinet Office holds some of
the information requested.
The Cabinet Office works closely with the Ombudsman on the principles department
should adhere to when handling Ombudsman case. These are set in the ‘Principles of
Good Administration’ and ‘Principles of Good Complaint Handling’ both of which can be
accessed on the Ombudsman’s website a
t www.ombudsman.org.uk. The Cabinet Office does not hold the central list of departmental contacts referred to in
your request. The Cabinet Office liaises with the departmental Permanent Secretary
offices on Ombudsman related matters. Details of Permanent Secretaries are already in
the public domain and therefore the information requested is reasonably accessible to
you so is exempt from release by virtue of S.21 of the FOI Act.
The Cabinet Office does not hold a list of Ombudsman Champions over the period
requested. The current Ombudsman Champion is Robert Devereux, Permanent
Secretary, DWP.
I can confirm that the Cabinet Office holds information relating to part 3 of your request.
However, this information is being withheld under the following exemptions in the Act:
Sections 36(2) (b)(i) and (ii), which relate to the free and frank provision of
advice/exchange of views for the purposes of deliberateion;
Section 36(2)(c), which relates to the effective conduct of public affairs.
Application of section 36(2)
Section 36(2)(b) is engaged in this case because disclosure of the information held
would, or would likely to, prejudice (i) the free and frank provision of advice; or (ii) the
free and frank exchange of views for the purpose of deliberation. The exemptions cited
at section 36(2)(b)(i) and (ii) are engaged because Ministers and officials need to have
the safe space to advise, exchange views, and receive advice and views without fear
that their views will prematurely be made public. Disclosing details of these discussions,
or the preparatory briefings, would undermine the safe space and the basis of trust and
confidentiality on which these exchanges are based. This would therefore inhibit the
future provision of advice and exchange of views between officials and their Ministers.
The exemption at Section 36(2) (c) is also engaged as disclosure would otherwise
prejudice, or would be likely otherwise to prejudice the effective conduct of public
affairs. Disclosure of the information in question would prejudice the way in which
officials brief their Ministers, how they record decisions and other information relating to
Ministers’ and officials’ actions and functions.
Section 36(2): Public Interest Test
The exemptions at section 36(2)(b)(i) and (ii), and (c) are qualified exemptions, and so it
is necessary to consider whether the balance of the public interest favours the release
of the material.
We recognise that there is a general public interest in the work of the Ombudsman, the
Ombudsman’s accountabilities and its decision making processes and the value of
transparency in this area in building public trust in the work of the Ombudsman.
Disclosure could improve public understanding of the relationship between the
Ombudsman and Government, and could improve public understanding o fimportant
issues and , as a result, facilitate more informed debate.
However, it is also in the public interest for Ministers and officials to be able to have
confidential dialogue in the execution of their duties and for them to exchange views
freely and frankly with external bodies. It is also important that Minsiters can receive
advice from officials and experts. This advice must be detailed and candid if it is to be of
value. For all of this to occur, officials must be free of any inhibitions that might interfere
with their ability to offer comprehensive input based on free and frank discussion with
external stakeholders. If such information were to be disclosed, sensitive issues might
not be able to be raised in the future, including those relating to Ombudsman cases, for
fear that information about such issues might be disclosed and be exposed prematurely
to public scrutiny and comment. Disclosures of the detail of these exchanges would
undermine the quality and nature of this dialogue in the future and would not be in the
public interest.
Balance of the public interests
I have concluded that the balance of public interest lies in maintaining the exemptions at
section 36(2)(b)(i) and (ii) and (c).
If you have any queries about this letter, please contact the FOI team. Please
remember to quote the reference number above in any future communications.
If you are unhappy with the service you have received in relation to your request or wish
to request an internal review, you should write to:
Roger Smethurst
Head of Knowledge and Information Management
Cabinet Office
1 Horse Guards Road
London
SW1A 2HQ
email
: xxx.xxxx@xxxxxxxxxxxxxx.xxx.xxx.xx
You should note that the Cabinet Office will not normally accept an application for
internal review if it is received more than two months after the date that the reply was
issued.
If you are not content with the outcome of your internal review, you may apply directly to
the Information Commissioner for a decision. Generally, the Commissioner cannot
make a decision unless you have exhausted the complaints procedure provided by
Cabinet Office. The Information Commissioner can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
FOI Team
Cabinet Office