Does The Health Commissioner's Act give an OMBUDSMAN immunity from criminal or civil prosecution under Misconduct In Public Office?

Response to this request is long overdue. By law, under all circumstances, Law Commission should have responded by now (details). You can complain by requesting an internal review.

Dear Law Commission,

Please can you direct me to that published material that will be transparency to a response provided on this website on 17th March 2016.

https://www.whatdotheyknow.com/request/t...

I quote;
"The Ombudsman has a wide discretion to initiate, continue or discontinue
an investigation under section 3(2) of the Health Service Commissioners
Act 1993 (HSCA). The HSCA is available in the public domain and is online
at: [1]www.legislation.gov.uk

The decision on whether or not to initiate, continue or discontinue an
investigation, including investigations of complaints involving patients
who are vulnerable or at risk, rests with the Ombudsman alone."

The clarity and data I seek is as follows;

A) Please clarify when did the Law Commission cross reference whether the "discetion" of The Ombudsman made an Ombudsman i)a law unto themselves and ii) possibly immune from civil or criminal prosecution under the Misconduct in Public Office Act?

B) If an Ombudsman repeatedly identifies, side-lines and then ignores the same cycle of miscarriages of justice against thousands of UK citizens; should the Ombudsman be forced to cooperate with an investigation under the remit of Misconduct In Public Office?

C) If an Ombudsman willfully ignores a significant history of malfeasance progressed by one department or a public servant, does the protection of a UK citizen from Misconduct in Public Office take precidence over The Health Service Commissioners Act?

The confusing set of information provided by the Law Commission seems to have created a paradox and I seek your genuine cooperation and transparency. The remit of my FOI is to try to source that data from your department that would bring clarity to the data published by the Law Commission.

D) Please point to that data would bring clarity to this paradox; In the eyes of the law, which legislation has priority over the other? Misconduct in Public Office or The Health Commissioner's Act?

I look forward to your cooperation with my FOI enquires.

Yours faithfully,

Fiona Watts

FionaWatts@magnacarta300
 #MIPO_phso

Communications Law Com, Law Commission

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LAWCOM (FOI), Law Commission

Dear Ms Watts

Thank you for your request for information received in this office on 21/03/16. We acknowledge receipt. We are handling your request for information under the Freedom of Information Act 2000. We will respond to you as promptly as possible and, in any event, will provide the information you seek within 20 working days from receipt of your request, unless it transpires that we do not hold the information or that the information is exempt from disclosure. In the latter event we will advise you why the information sought cannot be disclosed. Your request for information will be handled within the Commission by the Public Law team. If you have any query in the meantime relating to your request, please contact me in my role as the Commission’s FoI co-ordinator.

Yours sincerely

Dan Leighton | FoI Co-ordinator | Law Commission

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Dear LAWCOM (FOI),

Thank you for your reply.

Will my FOI query be forwarded to the Criminal Law Team overseeing the MIPO project for the Law
Commission of England & Wales?

Yours sincerely,

Fiona Watts

LAWCOM (FOI), Law Commission

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Law Commission

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LAWCOM (FOI), Law Commission

Dear Ms Watts

Thank you for your latest email. We have received two FoI requests from you: < Misconduct in Public Office; advising, educating and updating the UK police force on this law> and <Does The Health Commissioner's Act give an OMBUDSMAN immunity ... > which on the face of it appear to fall under two of our areas of work: criminal law (which includes the MIPO project you refer to) and public law respectively. I have referred your requests to these teams, and I have advised them that you have in fact submitted two requests, in order to join up our response to you. I will check whether they think a joint response would be more appropriate, and we will get back to you.

Yours sincerely

Dan Leighton | FoI Co-ordinator | Law Commission

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Taylor, Sarah, Law Commission

1 Attachment

Dear Ms Watts,

 

Please find attached a response to your requests for information sent on:

 

·         18 March 2016 at 12:30; 

·         18 March 2016 at 13:23;

·         19 March 2016 at 08:33; and

·         21 March 2015 at 02:28.

We hope that this is helpful.

Yours,

Sarah

Sarah Taylor | Law Commission
Research Assistant

1st Floor, Tower, Post Point 1.54, 52 Queen Anne’s Gate, London SW1H 9AG
(access via 102 Petty France)
Tel: 020 3334 3950 | Fax: 020 3334 0201 | Web: [1]www.lawcom.gov.uk 

Email: [2][email address]

 

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References

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Taylor, Sarah, Law Commission

1 Attachment

Dear Ms Watts,

 

Please find attached a response to your requests for information sent on:

 

·         18 March 2016 at 12:30; 

·         18 March 2016 at 13:23;

·         19 March 2016 at 08:33; and

·         21 March 2015 at 02:28.

We hope that this is helpful.

Yours,

Sarah

Sarah Taylor | Law Commission
Research Assistant

1st Floor, Tower, Post Point 1.54, 52 Queen Anne’s Gate, London SW1H 9AG
(access via 102 Petty France)
Tel: 020 3334 3950 | Fax: 020 3334 0201 | Web: [1]www.lawcom.gov.uk 

Email: [2][email address]

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.lawcom.gov.uk/
2. mailto:[email address]

Taylor, Sarah, Law Commission

1 Attachment

Dear Ms Watts,

 

Please find attached a response to your requests for information sent on:

 

·         18 March 2016 at 12:30; 

·         18 March 2016 at 13:23;

·         19 March 2016 at 08:33; and

·         21 March 2015 at 02:28.

We hope that this is helpful.

Yours,

Sarah

Sarah Taylor | Law Commission
Research Assistant

1st Floor, Tower, Post Point 1.54, 52 Queen Anne’s Gate, London SW1H 9AG
(access via 102 Petty France)
Tel: 020 3334 3950 | Fax: 020 3334 0201 | Web: [1]www.lawcom.gov.uk 

Email: [2][email address]

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.lawcom.gov.uk/
2. mailto:[email address]

Dear Taylor, Sarah,

I asked the following;

A) Please clarify when did the Law Commission cross reference whether the "discetion" of The Ombudsman made an Ombudsman i)a law unto themselves and ii) possibly immune from civil or criminal prosecution under the Misconduct in Public Office Act?

You replied,

I quote; "We understand from other questions posed (see in particular Question 12 below) that this question raises the issue of whether the Health Service Commissioners Act provides immunity from civil or criminal prosecution. This is not an issue which was considered as part of this project. The Health Service Commissioners Act 1993 (as amended) has no direct relationship with the current criminal offence of misconduct in public office. We are carrying out a review into the criminal offence of misconduct in public office only.

What question 12? Why do you seem to have an agenda to confuse my quest for clarity and transparency in respect of The Data Protection Act? Are you willfully refusing to comply with my own agenda to manage your data?

Please resolve your apparent deliberate maladministration against me on this website.

Many thanks.

Yours sincerely,

Fiona Watts

Dear Taylor, Sarah,

B) If an Ombudsman repeatedly identifies, side-lines and then ignores the same cycle of miscarriages of justice against thousands of UK citizens; should the Ombudsman be forced to cooperate with an investigation under the remit of Misconduct In Public Office?

You wrote;
"We cannot comment on any particular complaint or case or provide any legal advice."

Is your agenda to confuse me? Please justify and clarify where and how I refer to a "particular complaint" in this question?

I am confused by the issues that the Law Commission have chosen to review within the legislation; there seems to be a pick & mix agenda to the project. Your responses on here continue to confuse.

Yours sincerely,

Fiona Watts