Dear Ms Corrigan

Re:  FOIA Request - IR-FOIA-20230033

I acknowledge your request for information.

This request will be responded to in accordance with the provisions of the
Freedom of Information Act 2000 (“FOIA”).

The text of your response was as follows:

“Dear Northern Ireland Public Services Ombudsman,

In summer 2021, I asked the NIPSO to investigate the historic 42 (at
least) missing million which was taken from the learning disabled
community in the western Trust area, in secret , whilst false claims of
"no funding" were made to families and the disabled community.

You refused to do your job,  and investigate one of the most serious cases
of Maladministration in NI in recent years.

Please provide all written documents/emails which exist around your
communications around that topic, your decision making process, evidence
you used in your decision making, any meeting minutes,  all communications
with W Trust or Dept/ health.

You stated in your refusal that "its being addressed by other Bodies in
NI'. (That is not a valid excuse- 7 years later there has been no
investigation or substantive research into this.)

Please outline what Bodies you refer to, what exactly they are doing to
investigate the missing millions, and how that impacted your decision to
not investigate this abuse of public funds and abuse of disabled people. 
Who you consulted with, any legal advise, documents.

All communication with these alleged Bodies and proof they would
investigate and find answers. (they did not). The only other Body with a
statutory remit is NIAP and they too refuse to help.

Main clauses you are using within your email to refuse to investigate
something so large and serious, which is your statutory remit to do, 
despite NIPSO having a team for investigating such malpractice- staff paid
by the public to do so.”

Section 1(1) of the FOIA provides, subject to exemption listed in the Act,

General right of access to information held by public authorities.

(1) Any person making a request for information to a public authority is
entitled—

(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and

(b) if that is the case, to have that information communicated to him.

Yours sincerely

NIPSO Legal Officer

Northern Ireland Public Services Ombudsman's Office
Progressive House | 33 Wellington Place | Belfast | BT1 6HN
+ Email: [1][email address]
' Telephone: 0800 343424

References

Visible links
1. mailto:[email address]

Dear Ms Corrigan

RE: IR-FOIA-20230033

I refer to your request for information which we received on 31 July 2023. You requested the following information:

“In summer 2021, I asked the NIPSO to investigate the historic 42 (at least) missing million which was taken from the learning disabled community in the western Trust area, in secret , whilst false claims of "no funding" were made to families and the disabled community……………
(1) Please provide all written documents/emails which exist around your communications around that topic, your decision making process, evidence you used in your decision making, any meeting minutes, all communications with W Trust or Dept/ health.
You stated in your refusal that "its being addressed by other Bodies in NI'………….
(2) Please outline what Bodies you refer to, what exactly they are doing to investigate the missing millions, and how that impacted your decision to not investigate this abuse of public funds and abuse of disabled people. Who you consulted with, any legal advise, documents.
(3) All communication with these alleged Bodies and proof they would investigate and find answers.
(4) Main clauses you are using within your email to refuse to investigate something so large and serious, which is your statutory remit to do, despite NIPSO having a team for investigating such malpractice- staff paid by the public to do so.”

In considering your request for information, I have reviewed the records which contain applicable information. I have also considered the following 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 request for Information has been treated as a request for information in accordance with section 1(1) The Freedom of Information Act 2000.

My Response

I am unable to publish personal data through a Freedom of Information Act 2000 request. The information requested in your request amounts to personal data. NIPSO does not confirm or deny whether it holds this information.

In accordance with section 40 of the Freedom of Information Act 2000, personal data is exempt from being published to a requester under the Freedom of Information Act.

Section 40 Personal information.
(1) Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.

Making a Subject Access Request (“SAR”)

Personal data can be requested under article 15 of the GDPR and DPA 2018 by way of a SAR.

If you wish to make a SAR request you should do so in a private mail or email. If you are making a SAR request then please provide full details of what precisely you are requesting as information .

Making a SAR may result in a request for identity confirmation in certain circumstances.

Requests under the GDPR and DPA 2018 may be subject to certain exemptions under the 2016 Act which is recognised by the GDPR and DPA 2018. Not all information which NIPSO holds on a data subject can be disclosed under a SAR. Each request will be considered taking account of the 2016 Act, GDPR and the DPA 2018.

Further consideration regarding the Statutory Prohibition on Disclosure under the 2016 Act. These provisions apply to requests under both FOIA 2000 and GDPR.

Considerations under the 2016 Act

Section 30(5) of the 2016 Act states that ‘an investigation must be conducted in private’. This provision protects the confidentiality of the Ombudsman’s investigations (including assessments).

Section 49 of the 2016 Act states that ‘information obtained’ by the Ombudsman in deciding whether to begin an investigation or in the course of an investigation must not be disclosed except in the limited circumstances provided for in the 2016 Act. I am satisfied that none of the circumstances where disclosure is permitted apply to your request.

Together these provisions make up a ‘statutory prohibition’ on the disclosure of this category of information. The overarching purpose of these provisions and the maintenance of confidentiality for which they provide include:

Encouraging frankness and openness on the part of those providing information to the Ombudsman and giving effect to their reasonable expectation of confidentiality.

They are in place to protect information provided to this Office by both complainants and bodies subject to complaints in order to come to an independent determination on the matters complained of.

Considerations under the DPA 2018

In arriving at my decision I have also had regard to the DPA 2018. Schedule 2 part 2 paragraph 7 table entry 5 of the DPA 2018 states that:

“The listed GDPR provisions [such as the right of a data subject to access personal information] do not apply to personal data processed for the purposes of discharging a function that is designed to protect members of the public against maladministration by public bodies AND the function is conferred on a person by an enactment on the Northern Ireland Public Services Ombudsman
…….to the extent that the application of those provisions would be likely to prejudice the proper discharge of the function.”

In respect of information obtained from bodies complained of and any third parties, this information is provided to the Ombudsman in confidence in the context of an investigation conducted in private and to disclose this information to you would be likely to prejudice the proper discharge of the Ombudsman’s functions because it would undermine the Ombudsman’s ability to obtain confidential information in future investigations.

Similarly, if information brought to us by those who assist the Ombudsman’s investigations, were to be made public or disclosed to other parties, it may deter others from coming forward in future and would have a detrimental effect on her ability to conduct investigations in the public interest.

Considerations under the FOIA 2000

The impact of section 49 of the 2016 Act is that the non-personal information obtained by the Ombudsman and requested by you is covered by an absolute exemption from disclosure under section 44 of the FOIA 2000 because it is prohibited by the legislation outlined above (The 2016 Act). I should explain that section 44(1)(a) of the FOIA 2000 states that ‘information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it is prohibited by or under any enactment’.

Conclusion

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 Andrew Ruston
Director
Northern Ireland Public Services Ombudsman’s Office
Progressive House
33 Wellington Place
Belfast
BT1 6HN
Email: [email address]

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 faithfully,

Gregory Smyth
Solicitor

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