OFFICIAL – SENSITIVE
26 August 2021
PRIVATE & CONFIDENTIAL
Ms Lizzie Carlisle
By way of email - xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear Ms Carlisle
Information request ref: IR20210026
I refer to your email received by this office on 29 July 2021. You have requested the
following information:
“Please advise:
1. The date when the External Advisor was requested to appraise the
investigative methodology used in the investigation.
2. The date on which the External Advisor provided the appraisal referred to in
the report to the Ombudsman.
3. Details, including dates, advertisements, supporting procurement and contract
documents, for the process fol owed relating to the appoint of the External
Advisor.”
In considering your request for information, I have reviewed the files and records
which contain the applicable information. I have also considered the fol owing pieces
of legislation:
The Public Services Ombudsman Act (Northern Ireland) 2016 (‘the 2016
Act’)
The Freedom of Information Act 2000 (‘FOIA 2000’)
The Data Protection Act 2018 (‘the DPA 2018)
The General Data Protection Regulation (‘the GDPR’)
Your email has been treated as an information request under section 1(1) of the FOIA
2000.
My response
Fol owing consideration of your request for information, I have established that the
material below provides the information you seek.
OFFICIAL – SENSITIVE
Request 1 - The date when the External Advisor was requested to appraise the
investigative methodology used in the investigation
The External Advisor was appointed on 26 January 2021
Request 2 - The date on which the External Advisor provided the appraisal referred
to in the report to the Ombudsman.
The External Advisor provided the appraisal referred to in the report on 14 February
2021
Request 3 - Details, including dates, advertisements, supporting procurement and
contract documents, for the process followed relating to the appoint of the External
Advisor
The External Advisor was appointed using a direct award contract (‘DAC’). The DAC
was authorised by the Ombudsman as the NIPSO Accounting Officer. This means
the provider was selected without competition. Where there are convincing reasons
DAC's are an appropriate and acceptable method for procurement. A DAC was
considered to be the most suitable and appropriate method in respect of this
engagement of an External Advisor. All DAC's require the approval of the NIPSO
Accounting Officer, who wil sign off on them.
The DAC was justified for technical reasons. Owing to the specific and detailed prior
knowledge and experience of the provider in respect to the technical area of the
investigation, and their availability within the necessary timeframe to provide an
independent and impartial opinion on an urgent and highly contentious investigation.
It was not possible for this service to have been obtained from any other external
source within timeframe required. This was the Ombudsman's rationale in
considering a DAC to be the most appropriate method for the appointment of the
External Advisor in this investigation. The Ombudsman approved and signed off on
this engagement. The DAC was awarded in accordance with CPD Policy Guidance
Note 03/11.
A PDF copy of the covering letter to the External Advisor and their contract have
been attached to my response. Personal data details have been redacted in
accordance with section 40(2) FOIA 2000 as it relates only to personal data.
Conclusion
As explained above, I trust the information provided to you in this letter satisfies your
request.
If you are not satisfied with this response to your request, you may ask for an internal
review within two calendar months of the date of this letter. You should contact:
Mr John McGinnity
OFFICIAL – SENSITIVE
Director of Corporate Services
Northern Ireland Public Services Ombudsman’s Office
Progressive House
33 Wel ington Place
Belfast
BT1 6HN
Email: xxxx.xxxxxxxxx@xxxxx.xxx.xx
If you are not content with the outcome of any internal review requested by you, you
then have the right to apply directly to the Information Commissioner for a decision.
The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
WILMSLOW
Cheshire
SK9 5AF
Yours sincerely
Gregory Smyth
Gregory Smyth
Legal Officer
ENC