Can the PHSO charge Public Authorities for their work when complaints are upheld?

The request was partially successful.

Dear Parliamentary and Health Service Ombudsman,

When a PHSO complainant's cases are upheld against a Public Authority, they receive relatively small sums to cover their expenses.

This is no real disincentive to stop negligent procedures - which often carry on just as before. Since the financial cost of remedy outweighs the cost of improvement.

However, is there any procedure available, within the PHSO legal framework where the PHSO can charge the negligent Public Authority for all PHSO work-including external investigations and legal fees - that it has undergone ( and therefore paid for.. both internal and externally ) to make the Decision?

Logically, it would be more in the interest of the Public Authority to remedy negligence at the outset instead of automatically fighting complainants through to the PHSO - and therefore a quicker remedy might be made. Especially in the case of the NHS, where physical remedies to safeguard patients can be delayed for years.

In addition, a charge that could assist the taxpayer in lowering the high cost of provision of the annual £37m currently spent by the PHSO.

:::

Has the PHSO investigated ( this could be a current investigation) this avenue for recouping its expenditure? And, if so, what was the outcome?

Yours faithfully,

Jt Oakley

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


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Dear Parliamentary and Health Service Ombudsman,

WDTK stating out of time .
Please respond.

Yours faithfully,

Jt Oakley

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear J T Oakley

 

Your information request (FDN-273402)

 

I am writing in response to your email of 17 October 2016 in which you
asked two questions which I will respond to in turn.

 

[I]s there any procedure available, within the PHSO legal framework where
the PHSO can charge the negligent Public Authority for all PHSO 
work-including external  investigations and legal fees - that it has
undergone (and therefore paid for.. both internal and externally) to make
the Decision? 

As you may be aware, section 22 of the Freedom of Information Act 2000
allows public authorities to redirect requestors where information is
already accessible by another means. PHSO’s work is governed by the
legislation from which it draws its powers: the Health Service
Commissioners Act 1993 and the Parliamentary Commissioner Act 1967.  These
are available online at: [1]www.legislation.gov.uk  You can also find
details of amendments to this legislation here:
[2]www.ombudsman.org.uk/about-us/who-we-are/history-and-legislation

Has the PHSO investigated (this could be a current investigation) this
avenue for recouping its expenditure?  And, if so, what was the outcome?

 

We hold no information relevant to this part of your request.

 

On 21 October 2016, you wrote to us under the heading ‘Internal Review of
Freedom of Information Request’ to state that we should respond to your
request as ‘WDTK stating out of time’.  We have not processed an internal
review as this email was sent only four days after your original request
was submitted.  However, if you remain unhappy with the way we have
processed your information request, let us know and we will process an
internal review. Beyond that, you can complain to the Information
Commissioner ([3]www.ico.org.uk).

 

Yours sincerely

 

Freedom of Information and Data Protection Team

Parliamentary and Health Service Ombudsman

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

 

Please email the FOI/DP team at: [5][Parliamentary and Health Service Ombudsman request email]

 

 

From: Jt Oakley [mailto:[FOI #365372 email]]
Sent: 17 October 2016 14:14
To: InformationRights
Subject: Freedom of Information request - Can the PHSO charge Public
Authorities for their work when complaints are upheld?

 

Dear Parliamentary and Health Service Ombudsman,

When a PHSO complainant's cases are upheld against  a Public Authority,
they receive relatively small sums to cover their expenses. 

This is no real disincentive to stop negligent procedures - which often
carry on just as before. Since the financial cost of remedy outweighs the
cost of improvement.

However,  is there any procedure available, within the PHSO legal
framework where the PHSO can charge the negligent Public Authority for all
PHSO  work-including external  investigations and legal fees - that it has
undergone ( and therefore paid for.. both internal and externally )  to
make the Decision? 

Logically, it would be more in the interest of the Public Authority to
remedy negligence at the outset instead of automatically fighting
complainants through to the PHSO - and therefore a quicker remedy might be
made. Especially in the case of the NHS, where physical remedies to
safeguard patients can be delayed for years.

In addition, a charge that could assist the taxpayer in lowering the high
cost of provision of the annual 37m currently spent  by the PHSO.

:::

Has the PHSO investigated ( this could be a current investigation) this
avenue for recouping its expenditure?  And, if so, what was the outcome?

Yours faithfully,

Jt Oakley

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References

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InformationRights, Parliamentary and Health Service Ombudsman

Dear J T Oakley

 

There was a typographical error in the response we sent to you minutes
ago, which meant we referred to the wrong exemption in our response. 
Please find an amended version below.  We are very sorry for any confusion
this may have caused.

 

Yours sincerely

 

Freedom of Information and Data Protection Team

Parliamentary and Health Service Ombudsman

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

 

Please email the FOI/DP team at: [2][Parliamentary and Health Service Ombudsman request email]

 

Dear J T Oakley

 

Your information request (FDN-273402)

 

I am writing in response to your email of 17 October 2016 in which you
asked two questions which I will respond to in turn.

 

[I]s there any procedure available, within the PHSO legal framework where
the PHSO can charge the negligent Public Authority for all PHSO 
work-including external  investigations and legal fees - that it has
undergone (and therefore paid for.. both internal and externally) to make
the Decision? 

As you may be aware, section 21 of the Freedom of Information Act 2000
allows public authorities to redirect requestors where information is
already accessible by another means. PHSO’s work is governed by the
legislation from which it draws its powers: the Health Service
Commissioners Act 1993 and the Parliamentary Commissioner Act 1967.  These
are available online at: [3]www.legislation.gov.uk  You can also find
details of amendments to this legislation here:
[4]www.ombudsman.org.uk/about-us/who-we-are/history-and-legislation

Has the PHSO investigated (this could be a current investigation) this
avenue for recouping its expenditure?  And, if so, what was the outcome?

 

We hold no information relevant to this part of your request.

 

On 21 October 2016, you wrote to us under the heading ‘Internal Review of
Freedom of Information Request’ to state that we should respond to your
request as ‘WDTK stating out of time’.  We have not processed an internal
review as this email was sent only four days after your original request
was submitted.  However, if you remain unhappy with the way we have
processed your information request, let us know and we will process an
internal review. Beyond that, you can complain to the Information
Commissioner ([5]www.ico.org.uk).

 

From: Jt Oakley [mailto:[FOI #365372 email]]
Sent: 17 October 2016 14:14
To: InformationRights
Subject: Freedom of Information request - Can the PHSO charge Public
Authorities for their work when complaints are upheld?

 

Dear Parliamentary and Health Service Ombudsman,

When a PHSO complainant's cases are upheld against  a Public Authority,
they receive relatively small sums to cover their expenses. 

This is no real disincentive to stop negligent procedures - which often
carry on just as before. Since the financial cost of remedy outweighs the
cost of improvement.

However,  is there any procedure available, within the PHSO legal
framework where the PHSO can charge the negligent Public Authority for all
PHSO  work-including external  investigations and legal fees - that it has
undergone ( and therefore paid for.. both internal and externally )  to
make the Decision? 

Logically, it would be more in the interest of the Public Authority to
remedy negligence at the outset instead of automatically fighting
complainants through to the PHSO - and therefore a quicker remedy might be
made. Especially in the case of the NHS, where physical remedies to
safeguard patients can be delayed for years.

In addition, a charge that could assist the taxpayer in lowering the high
cost of provision of the annual 37m currently spent  by the PHSO.

:::

Has the PHSO investigated ( this could be a current investigation) this
avenue for recouping its expenditure?  And, if so, what was the outcome?

Yours faithfully,

Jt Oakley

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

Please use this email address for all replies to this request:
[6][FOI #365372 email]

Is [7][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:
[8]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:
[9]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[10]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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______________________________________________________________________

______________________________________________________________________
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______________________________________________________________________

References

Visible links
1. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/
2. mailto:[Parliamentary and Health Service Ombudsman request email]
3. http://www.legislation.gov.uk/
4. http://www.ombudsman.org.uk/about-us/who...
5. http://www.ico.org.uk/
6. mailto:[FOI #365372 email]
7. mailto:[Parliamentary and Health Service Ombudsman request email]
8. https://www.whatdotheyknow.com/change_re...
9. https://www.whatdotheyknow.com/help/offi...
10. https://www.whatdotheyknow.com/help/ico-...
11. http://www.symanteccloud.com/

Dear InformationRights,

Thank you..apologies for review glitch and apologies accepted for the misinformation from the PHSO.

Also thank you for the links - but that is the 'what is' and not what I was requesting,

What the request entails is to ask the PHSO us considering ways of saving the £37m it charges taxpayers by charging negligent organisations for its upheld complainant investigations, having found maladministration and injustice.

However, as the response above makes plain, the PHSO has no such intention to charge negligent authorities for its investigations.

And that the sole burden of payment of the £37m will remain as a direct charge on the taxpayer, who also continues to fund the negligent organisations.... which, having suffered no, or minor, financial damage as a consequence of their negligent actions, often proceed to replicate the same taxpayer -funded maladministration and injustice / negligence found in PHSO investigations.

So thank you for that information.

Yours sincerely,

Jt Oakley

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


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