We don't know whether the most recent response to this request contains information or not – if you are Caroline Hanman please sign in and let everyone know.

Dear Parliamentary and Health Service Ombudsman,

Please provide up to date copies of the following documents as well as the anticipated date of their next review:

1. The template of the Contractual Letter of Appointment that exists between the PHSO and External Clinical Advisors who are being contracted to provide Clinical Advice to the PHSO.

2. The template of the Terms and Conditions of employment that apply to the Internal Clinical Advisors who have been contracted to provide advice to the PHSO.

3. The template of the contract that exists between the PHSO and the External Organisation contracted to undertake consumer satisfaction surveys, including the remit of the research to be undertaken.

4. The template of the questionnaire used on behalf of the PHSO to establish the level of customer satisfaction.

5. The template of the information provided to those complainants selected to participate in the research, which explains whether the information they give during the telephone interview will be anonymised before it is processed to the PHSO research team or whether they will be identifiable by PHSO staff.

Please also provide information on the following:

6. The process in place for revealing the findings of the clinical advisor(s) to complainants in advance of the PHSO draft decision being issued by the investigator.

7. The process in place for revealing the findings of the clinical advisor(s) to bodies in jurisdiction in advance of the PHSO draft decision being issued by the investigator.

8. The process in place for complainants to be able to comment on the evidence provided to the Clinical Advisor(s) and/or the conclusions they have reached, before a PHSO investigator issues a draft report.

9. The process in place for bodies in jurisdiction to be able to comment on the evidence provided by the PHSO to the Clinical Advisor(s) and/or the conclusions the clinical advisor(s) has reached, before a PHSO investigator first issues a draft report.

Thanking you in anticipation,

Yours faithfully,

Mrs C Hanman

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


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InformationRights, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Ms Hanman,

 

We are writing to acknowledge your email dated 28th January.

 

Your email has been assigned to an officer and they will provide you with
a response as soon as possible.

 

The deadline for issuing you with a response is 23rd February.

 

Yours sincerely,

 

 

Freedom Of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

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

 

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InformationRights, Parliamentary and Health Service Ombudsman

10 Attachments

Dear Ms Hanman,

 

Request for information under the Freedom of Information Act 2000

 

Further to your email dated 28^th January, in which you request the
disclosure of information under the provisions of the above Act, we are
now in a position to respond.

 

Please see below in response to your request. Where no anticipated date of
review is provided it is because the information is not recorded.

 

Please provide up to date copies of the following documents as well as the
anticipated date of their next review:

 

1.The template of the Contractual Letter of Appointment that exists
between the PHSO and External Clinical Advisors who are being contracted
to provide Clinical Advice to the PHSO.

We currently have 3 contracts, 1) New External Professional Advisor, 2)
existing External Professional Advisor, and 3) Associate. The documents
are attached. We are currently undertaking a review of this and they will
all change within approximately the next three months.

 

2.The template of the Terms and Conditions of employment that apply to the
Internal Clinical Advisors who have been contracted to provide advice to
the PHSO.

Please find attached a template of the contract for internal Clinical
Advisors.

 

3.The template of the contract that exists between the PHSO and the
External Organisation contracted to undertake consumer satisfaction
surveys, including the remit of the research to be undertaken.

These services were procured under the UKSBS framework, so are subject to
standard framework T&Cs. Please find attached the framework terms and
invite to tender which contains the remit of the research to be
undertaken.

 

4.The template of the questionnaire used on behalf of the PHSO to
establish the level of customer satisfaction.

Attached are the core set of questions used.

 

5.The template of the information provided to those complainants selected
to participate in the research, which explains whether the information
they give during the telephone interview will be anonymised before it is
processed to the PHSO research team or whether they will be identifiable
by PHSO staff.

No template held.

At the end of the survey respondents are given the opportunity to either
have their individual responses made identifiable to the research team at
PHSO or to remain anonymous.

Respondents are clearly informed that consenting to this would allow the
research team to identify their individual case in order that their
answers can be placed in greater context. However unless consent is given,
only anonymised data is passed to PHSO.

 

Please also provide information on the following:

 

6.The process in place for revealing the findings of the clinical
advisor(s) to complainants in advance of the PHSO draft decision being
issued by the investigator.

 

7.The process in place for revealing the findings of the clinical
advisor(s) to bodies in jurisdiction in advance of the PHSO draft decision
being issued by the investigator.

 

8.The process in place for complainants to be able to comment on the
evidence provided to the Clinical Advisor(s) and/or the conclusions they
have reached, before a PHSO investigator issues a draft report.

 

9.The process in place for bodies in jurisdiction to be able to comment on
the evidence provided by the PHSO to the Clinical Advisor(s) and/or the
conclusions the clinical advisor(s) has reached, before a PHSO
investigator first issues a draft report.

 

6-9

There is no requirement for the caseworker considering the case to share
the clinical advice in its entirety with the complainant, or organisation,
at any stage of the process. It is therefore unlikely the complainant or
organisation will have the opportunity to comment on the specific advice
itself. The caseworker should, however, agree a contact plan with the
complainant and organisation and share relevant information with them
throughout the life of a case, which could include information about the
clinical advice received. Our clinical advice should be documented in our
draft report, but this won’t be an exact replica of the clinical advice
provided, or include the advice itself. The relevant sections are
contained within our Service Model Policy and Guidance: main guidance
[1]https://www.ombudsman.org.uk/sites/defau...
and are listed below;

 

Contacting the parties throughout the investigation

 

5.26      Relevant information should be shared with all parties
throughout the life of the case. (Policy requirement) These contact points
are opportunities to explain what the evidence is showing us, or talking
to the parties about what some particular findings might be. In accordance
with our legislation[2]^[1], we can only release information we obtain if
it is necessary to do so as part of our investigation or to help us
explain our decision. However, this does not stop us from sharing
information about the investigation with those involved in it and keeping
them regularly informed. We want those involved to be able to follow our
progress and thought processes about a case, whilst remaining impartial
and not letting them influence our decision. Any communication with the
parties must be clearly and accurately documented.

Communicating and releasing information throughout the investigation

 

7.49      In accordance with our legislation[3]^[2] we can only release
information we obtain if it is necessary to do so as part of our
investigation or to help us explain our decision. (Legal requirement)
However, this does not stop us from sharing more information about the
investigation with those involved in it and keeping them regularly
informed. We want those involved to be able to follow our progress and
thought processes about a case. Any communication with the parties must be
clearly and accurately documented (Policy requirement).

 

7.50      This ongoing communication is designed to enable all parties
involved to be able to follow our thought processes throughout the
investigation, so that when draft report stage is reached, it should not
come as a surprise to hear the draft findings and the action that has been
taken on the case.

 

7.51      In addition to the sharing of emerging evidence, findings etc.
we may also, in some cases, decide to share parts of the draft report or
clinical advice at an early stage to try to resolve any disputed areas
before the draft report stage:

o If we obtain early and very clear clinical advice which indicates that
there was service failure we could share that advice with the
organisation, under a brief covering note, in order to flush out
objections or arguments at an early stage or to get agreement to
further work on the complaint.
o If we have clear indications of an unremedied injustice flowing from
maladministration we could share the key arguments and supporting
evidence with the organisation to try and obtain early agreement to an
appropriate remedy.

 

 

We hope that this information is useful. If you believe we have made an
error in the way we 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 [4][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 ([5]www.ico.org.uk).

 

 

Yours sincerely

 

 

Freedom Of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [6]www.ombudsman.org.uk

 

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

[10][1] 1967 Act Section 11 and 1993 Act Section 15.

[11][2] 1967 Act Section 11 and 1993 Act Section 15.

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References

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1. https://www.ombudsman.org.uk/sites/defau...
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3. file:///tmp/foiextract20180223-25041-1q627ye#_ftn2
4. mailto:[Parliamentary and Health Service Ombudsman request email]
5. http://www.ico.org.uk/
6. http://www.ombudsman.org.uk/
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11. file:///tmp/foiextract20180223-25041-1q627ye#_ftnref2

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