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Identify the Correct Authority

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Dear Sir/Madam,

A local NHS office directed a patient to a dental practice some distance from the his home. The dentist was not preferred however, the NHS explained there was no alternative although, later it transpired the NHS had lied.

There were problems at the practice. The patient was not welcome and, quite apart from the practice's failure to treat the patient well, there began an escalation of other difficulties. In hindsight it would appear the NHS direction was 'loaded'.

Would you identify any material you hold which identifies you as a/the competent authority to deal with complaints against i) a dentist and ii) a dental practice.

And, given the above, the NHS involvement, failure of the PCT to address a complaint and other failings and misdirections, would you kindly identify any material held which identifies you as a/the competent authority to deal with such a matter.
(If you are not the competent authority, would you kindly identify one)

Yours faithfully,
De Bert

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


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Dear Parliamentary and Health Service Ombudsman,

Are you planning to offer a response? I've enclosed the original query below:

Delivered - 4 July 2017 (and received acknowledgement of delivery)
Dear Sir/Madam,
A local NHS office directed a patient to a dental practice some distance from the his home. The dentist was not preferred however, the NHS explained there was no alternative although, later it transpired the NHS had lied.
There were problems at the practice. The patient was not welcome and, quite apart from the practice's failure to treat the patient well, there began an escalation of other difficulties. In hindsight it would appear the NHS direction was 'loaded'.
Would you identify any material you hold which identifies you as a/the competent authority to deal with complaints against i) a dentist and ii) a dental practice.
And, given the above, the NHS involvement, failure of the PCT to address a complaint and other failings and misdirections, would you kindly identify any material held which identifies you as a/the competent authority to deal with such a matter.
(If you are not the competent authority, would you kindly identify one)
Yours faithfully.....

Yours faithfully,
DB

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


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Kimberley Harris, Parliamentary and Health Service Ombudsman

Dear Mr De Bert, 

Thank you for your enquiry. The Parliamentary and Health Service Ombudsman
would deal with a complaint regarding a dentist or dental treatment
provided by the NHS. We would only do so if the complaint process with the
dentist has been completed.

Yours sincerely,

Kimberley Harris

Customer Service Officer

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Dear Kimberley Harris,

Subject: Re: PHSO:0608000057

I understood the message below (or something similar) was sent you October 1, 2017. Did you receive it?

.....October 1, 2017
Dear Kimberley Harris

Subject, PHSO:0608000057

Many thanks for your message.

Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on a GDC desk for about two years before it chose to acknowledge that it was not a matter for them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time limitations dictated the Ombudsman's ability to deal with the complaint. If this is not correct, please tell me.

What would be useful now is to identify an authority competent to look into this affair. So, given the additional information above, and as you are able under the Act, would you kindly identify such an authority (if not yourselves).....

Yours sincerely,

De Bert

Harris Kimberley, Parliamentary and Health Service Ombudsman

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Dear Parliamentary and Health Service Ombudsman,

Unless your latest message is particularly sensitive or exposes something Id prefer not exposed, perhaps you'd kindly send me a response without me having to sign up for yet an other third party app. to access messages.

I suspect the only security implications here are of the type which exposes phso failings.

I enclose my last message:

De Bert 12 November 2017 - Delivered
Dear Kimberley Harris,
Subject: Re: PHSO:0608000057
I understood the message below (or something similar) was sent you October 1, 2017. Did you receive it?
.....October 1, 2017
Dear Kimberley Harris
Subject, PHSO:0608000057
Many thanks for your message.
Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on a GDC desk for about two years before it chose to acknowledge that it was not a matter for them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time limitations dictated the Ombudsman's ability to deal with the complaint. If this is not correct, please tell me.
What would be useful now is to identify an authority competent to look into this affair. So, given the additional information above, and as you are able under the Act, would you kindly identify such an authority (if not yourselves).....
Yours sincerely,....

Yours faithfully,

De Bert

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


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March 2018

Dear Parliamentary and Health Service Ombudsman,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.

Kimberely Harris kindly offered me a response via third party service. I'm unable to access the response. Would you kindly make it available on this site; the same site previously used to deliver your communications. If information contained within Ms Harris response is sensitive then kindly advise me the same. If you do not wish to deal with this FOI query then kindly confirm.

I've enclosed some messages from November 12, 2017.

______________________________________________________________________

enc:

12 November 2017

De Bert

Dear Kimberley Harris,

Subject: Re: PHSO:0608000057

I understood the message below (or something similar) was sent you October 1, 2017. Did you
receive it?

.....October 1, 2017
Dear Kimberley Harris

Subject, PHSO:0608000057

Many thanks for your message.

Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on
a GDC desk for about two years before it chose to acknowledge that it was not a matter for
them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time
limitations dictated the Ombudsman's ability to deal with the complaint. If this is not
correct, please tell me.

What would be useful now is to identify an authority competent to look into this affair. So,
given the additional information above, and as you are able under the Act, would you kindly
identify such an authority (if not yourselves).....

Yours sincerely,

De Bert

______________________________________________________________________

13 November 2017

Harris Kimberley, Parliamentary and Health Service Ombudsman 1 Attachment

Email HK 171113 101452.switch
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21 January 2018 Delivered

De Bert

Dear Parliamentary and Health Service Ombudsman,

Unless your latest message is particularly sensitive or exposes something Id prefer not
exposed, perhaps you'd kindly send me a response without me having to sign up for yet an
other third party app. to access messages.

I suspect the only security implications here are of the type which exposes phso failings.

I enclose my last message:

De Bert 12 November 2017 - Delivered
Dear Kimberley Harris,
Subject: Re: PHSO:0608000057
I understood the message below (or something similar) was sent you October 1, 2017. Did you
receive it?
.....October 1, 2017
Dear Kimberley Harris
Subject, PHSO:0608000057
Many thanks for your message.
Complaints were made to the Dentist then escalated to the local PCT. The matter then sat on
a GDC desk for about two years before it chose to acknowledge that it was not a matter for
them (the GDC). I understand remedy is prejudiced because of the same; that's to say, time
limitations dictated the Ombudsman's ability to deal with the complaint. If this is not
correct, please tell me.
What would be useful now is to identify an authority competent to look into this affair. So,
given the additional information above, and as you are able under the Act, would you kindly
identify such an authority (if not yourselves).....
Yours sincerely,....

Yours faithfully,

De Bert

_________________________________________________________________________

21 January 2018

[email address], Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-
mail shows that we have received your correspondence.

_________________________________________________________________________

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

De Bert

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


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InformationRights, Parliamentary and Health Service Ombudsman

4 Attachments

Dear DeBert,

 

Thank you for your email of 20th March.

 

Your query was responded to by our customer services team via Egress
Switch. Please accept our apologies that your request for the email to be
re-sent was not acted upon until now.

 

We have located the email that was emailed to you by our Customer Services
Team (attached).

 

Also, to assist please find a link to our website with information on how
to make a complaint to PHSO.

 

[1]https://www.ombudsman.org.uk/making-comp...

 

 

Kind regards

 

 

Freedom Of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [2]www.ombudsman.org.uk

 

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Dear Parliamentary and Health Service Ombudsman,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.

Thank you for your previous communication. I note what you write about not receiving a communication. Given also that my original FOI query was made in July 2017, I summarise the background and ask you kindly offer response to my query.

Further to retirement of a dental practice, NHS administration in Ferndown Dorset directed an elderly patient to a new practice outside the previous practices catchment area. The patient sought alternative but was told none were available. This was a lie.

On each occasion visiting the practice there were difficulties. The practice failed to treat the patient with respect and on one occasion, following receptionist's actions, argument lead to police involvement; the dentist manager wantingly failing to control his staff or the situation.

The whole affair looks like a 'set-up' to subject patient of non British origins to a practice which did not wish to hold an 'ethnically diverse' patient list; the Ferndown NHS office directed the patient there in knowledge there would be difficulties.

Given that someone held enough authority to improperly direct the patient to the practice, it comes as no surprise there are subsequent difficulties securing recourse; someone holds enough authority to interfere and block access to prescribed recourse. What's occurred here is deliberated and a hate crime.

I made complaint against the dental practice in 2008 doing so following complaints procedures. I am related to the patient and directly affected by racism in the practice. The PCT and Ombudsman refused to deal with my complaint. I revisited the same several subsequent occasions but their position remained the same. The GDC held onto my complaint for two years failing to do anything (such actions quite possibly dictating the Ombudsman's position). There has also been plenty of misdirection.

Kindly identify the authority competent to deal with the collective failure of the above mentioned authorities. A reference to any document would be welcome. If you do not wish to deal with this matter or believe it falls outside your remit, kindly confirm the same. I would respectfully remind you however the FOI Act obliges you to provide advice and assistance so, whether or not document is held, one would hope you'd kindly and properly direct me.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,
De Bert

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear De Bert

We have not processed an FOI request for you and as such cannot process an internal review. We provided you with a copy of a response which was issued to you via our Customer Service Team. We have therefore forwarded your email to our Customer Services Team and a colleague will contact you directly regarding this matter as soon as possible.

Yours sincerely

Freedom of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

show quoted sections

Dear Parliamentary and Health Service Ombudsman,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Identify the Correct Authority'.

Thanks you for your message. I note my query has not been considered under the Act and, as yet, I've received nothing from Customer Services consequently, I reword my query hoping it meets with your approval. That you require a new query, kindly confirm the same.

Under the right of access to documents according to the the FOI Act and other relevant legislation, I am requesting documents which contain the following information: details of the government office (or authority) competent (but not necessarily designed) to receive complaint about the collective failure of the aforementioned authorities. It is accepted the PHSO's failure may be a technical one; a result of delay in calling upon it (because GDC held onto the complaint) whereas, the PCT and GDC failure may be a professional one.

Respectfully I draw your attention to section 16 of the Act: you are obliged to provide advice and assistance. so, whether or not such a document exists, one would hope you'd kindly direct me.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

De Bert

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear De Bert

 

Thank you for your email.

 

With regards to the FOI request which you have outlined as:

 

I am requesting documents which contain the following information: details
of the government office (or authority) competent (but not necessarily
designed) to receive complaint about the collective failure of the
aforementioned authorities. It is accepted the PHSO's failure may be a
technical one; a result of delay in calling upon it (because GDC held onto
the complaint) whereas, the PCT and GDC failure may be a professional one.

 

It is not clear what your request is asking for specifically. Under
Section 1 (3) of the Freedom of Information Act (FOI) 2000 where an
authority reasonably requires further information in order to identify and
locate the information requested we are not obliged to comply unless
supplied with that information.

 

I would therefore be grateful if you could please clarify and state
clearly what information you are looking to receive under the FOI Act.  

 

With regards to your general enquiry I have contacted our Customer
Services department for you to establish when a response will be issued in
relation to the personal matter you have raised. Please note however that
the PHSO will be unable to discuss personal information through
whatdotheyknow.com and such communication will need to be sent through
your personal email address.

 

With regards to the FOI request which you have now submitted and which we
need some clarification on we will process this for you when we understand
exactly what recorded business information you require. However, please
note that personal information or the discussion of personal complaint
matters is exempt under Section 40(2) of the FOI Act.

 

Yours sincerely

 

Freedom of Information/Data Protection Officer

Parliamentary and Health Service Ombudsman

W: www.ombudsman.org.uk

 

show quoted sections

Phso Enquiries, Parliamentary and Health Service Ombudsman

We are committed to keeping your information secure. As part of that
commitment we have decided that when we send you information by email we
may have to remove some details. This includes information that may
identify you; or any other person and sometimes the organisation
complained about.

 

Dear Mr De Bert,

We would firstly like to apologise for the delay in responding to you.  A
colleague within our Freedom of Information team has provided me with a
copy of your recent email to our service and I understand their department
will also be responding to questions you have raised. 

As you may be aware, we are the final stage in the complaints process and
are responsible for making the final decisions on complaints that have not
been resolved by the NHS in England, as well as various UK Government
departments and services.  In order to consider a complaint, we would need
to see that you have completed the formal complaints procedure of the
organisation involved.

If you have already registered a formal complaint and completed local
resolution with the organisation, then the complaint should be ready to
bring to us for consideration. We would need to see copies of the
responses issued to the complaint, and in order to provide us with all of
the relevant details we require to consider the complaint, we would ask
that you take the time to complete our online complaint form. The form can
be accessed via the complaints checker found on the homepage of our
website ([1]https://www.ombudsman.org.uk/) or alternatively we would be
happy to post a copy if you prefer.

If you would like to speak to us in order to discuss the complaint at any
point, then please call our customer service team on 0345 015 4033 (select
option 2). We are open from 8:30am-5:30pm Monday to Friday. Any member of
our team will be able to help on the call, so you would not need to ask
for a specific person. 

Alternatively, if you would like to email us from your own personal email
address, we will be able to discuss your complaint and circumstances in
more depth. 

Please note that if you are unhappy with our service or a decision made on
a complaint, then you can contact our Review and Feedback Team via email
on: [2][email address

Please do let us know should you have any further questions. 

Kind regards

 

Parliamentary and Health Service Ombudsman

T: 0345 015 4033

E: [3][email address]

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

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References

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2. mailto:[email address]
3. mailto:[email address]
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http://www.ombudsman.org.uk/

Dear Information Rights,

In response to your message of July 11th which I copy below for your convenience.

I seek to identify organisation competent to receive (and handle) concerns about the collective failure of the PCT, GDC and Ombudsman in dealing with a complaint. As I say, it is accepted the Ombudsman's failure may be technical; a result of delay in calling upon it because the GDC 'sat-on' the original complaint.

Do you wish to share with me, without prejudice, a reference to document or similar (as you are legally obligated) which identifies an office competent to receive a complaint of this sort (collective failure of the aforementioned authorities) I do not seek advice, instruction or interpretation.

If you do not wish to share this information, that's OK but it may be helpful were you to clarify why. If you do not hold this information, would you then kindly identify, as you are able, where I should direct my query.

If there is any part this message you do not understand or it fails to meet with your approval then kindly confirm and explain precisely your concerns; doing so would allow me to adjust my query accordingly.

Respectfully I draw your attention to section 16 of the Act.

Yours faithfully,
De Bert

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

11 July 2018
Information Rights,
Parliamentary and Health Service Ombudsman

Dear De Bert

Thank you for your email.

With regards to the FOI request which you have outlined as:
I am requesting documents which contain the following information: details
of the government office (or authority) competent (but not necessarily
designed) to receive complaint about the collective failure of the
aforementioned authorities. It is accepted the PHSO's failure may be a
technical one; a result of delay in calling upon it (because GDC held onto
the complaint) whereas, the PCT and GDC failure may be a professional one.

It is not clear what your request is asking for specifically. Under
Section 1 (3) of the Freedom of Information Act (FOI) 2000 where an
authority reasonably requires further information in order to identify and
locate the information requested we are not obliged to comply unless
supplied with that information.

I would therefore be grateful if you could please clarify and state
clearly what information you are looking to receive under the FOI Act.

With regards to your general enquiry I have contacted our Customer
Services department for you to establish when a response will be issued in
relation to the personal matter you have raised. Please note however that
the PHSO will be unable to discuss personal information through
whatdotheyknow.com and such communication will need to be sent through
your personal email address.

With regards to the FOI request which you have now submitted and which we
need some clarification on we will process this for you when we understand
exactly what recorded business information you require. However, please
note that personal information or the discussion of personal complaint
matters is exempt under Section 40(2) of the FOI Act.

Yours sincerely
Freedom of Information/Data Protection Officer
Parliamentary and Health Service Ombudsman

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

Thank you for contacting the Parliamentary and Health Service Ombudsman’s (PHSO) Freedom of Information and Data Protection Team. This is to confirm we have received your request.
If you have made a request for information under the Freedom of Information Act 2000 or Environment Information Regulations 2004, we will respond to your request within 20 working days in accordance with the statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your request will be processed as a Subject Access Request under the provisions of the Data Protection Act 2018 and will be responded to within one calendar month in accordance with the statutory time frame set out in the Act.
We may contact you before this time if we require further clarification or if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via secure email, unless you instruct us differently. To access the information on the email we send, you will need to sign up to our secure email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you will need to inform us of this and confirm your current address as soon as possible.

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