Investigations

D. Speers made this Freedom of Information request to Parliamentary and Health Service Ombudsman

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Parliamentary and Health Service Ombudsman,

I recently saw a Vimto video where PHSO Dame Julie Mellor was talking to academics about her role.
Dame Julie Mellor referred to the dreadful situation at Mid Staffordshire Trust.
1.Was an investigation carried out re Mid Staffs and what did it unearth?

I believe PHSO has Discretionary Powers under the Health Commissioners Act...
I believe these are referred to as the Mitting Precendent.
2. Please can you provide full information on the Mitting Precedent please.

Yours faithfully,

D. Speers

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


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Fiona Watts left an annotation ()

The Mitting Precedent - have been wanting to find out about this.
Cheers D.

D. Speers left an annotation ()

As its in the Public's Interest to know, I have asked again! https://www.whatdotheyknow.com/request/m...

foiofficer, Parliamentary and Health Service Ombudsman

Dear Mrs Speers

 

Your information request – our reference: FDN 219737

 

Thank you for your information request dated 2 April 2015 in which you
asked:

 

“I recently saw a Vimto video where PHSO Dame Julie Mellor was talking to
academics about her role. Dame Julie Mellor referred to the dreadful
situation at Mid Staffordshire Trust.

1.Was an investigation carried out re Mid Staffs and what did it unearth?

I believe PHSO has Discretionary Powers under the Health Commissioners
Act...I believe these are referred to as the Mitting Precendent.

2. Please can you provide full information on the Mitting Precedent
please.”

On 9 June 2010 the Secretary of State for Health, Andrew Lansley MP,
announced a full public inquiry into the role of the commissioning,
supervisory and regulatory bodies in the monitoring of Mid Staffordshire
Foundation NHS Trust. The final report of the Mid Staffordshire NHS
Foundation Trust Public Inquiry (including the evidence provided by PHSO)
was published on Wednesday 6 February 2013, please click on the link to
access the full report: [1]www.midstaffspublicinquiry.com/.

Please click on the link to access an information request we responded to on 13
June 2013 about the number of complaints we received and investigated about the
Trust: [2]www.whatdotheyknow.com/request/mid_staffordshire_hospital?unfold=1

The Parliamentary and Health Service Ombudsman has also released the following
reports after the Inquiry which may be of interest to you:

·         The NHS Hospital Complaints System: A case for urgent treatment.
Published in April 2013:
[3]www.ombudsman.org.uk/__data/assets/pdf_file/0018/20682/The-NHS-hospital-complaints-system.-A-case-for-urgent-treatment-report_FINAL.pdf

·         Joint report - My expectation for raising concerns and complaints.
Published in November 2014:
 [4]www.ombudsman.org.uk/__data/assets/pdf_file/0010/28774/Vision_report.pdf

With regard to question two of your request, we do not hold any recorded
information about the ‘Mitting Precedent’. Nor do we refer to the Ombudsman’s
discretionary powers in these terms. Information we have provide to you
previously about the Ombudsman’s discretionary powers can be found here:
[5]www.whatdotheyknow.com/request/clarificatioin_on_discretionary.

I hope the information is helpful.

Yours sincerely,

 

Sohifa Kadir

FOI/DP Officer

Parliamentary and Health Service Ombudsman

 

 

 

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All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

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5. http://www.whatdotheyknow.com/request/cl...

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 'Investigations'.

I would like an Internal review please as my complaint is well documented and I seem to remember reading about the Mitting Prescedent

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,

D. Speers

foiofficer@ombudsman.org.uk, 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.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Jt Oakley left an annotation ()

The PHSO seem to be stating that it's legal department know nothing of this precedent.

If it turns out that it is pertinent, it might be a tad embarrassing.

D. Speers left an annotation ()

Confirmation of all suspected !!

Steven King left an annotation ()

Hello Dee,
I am pleased you have asked for a review as I feel there is more than you are being told re: mitting .

Reading between the lines of their 'opaque ' ( far from transparent ! ) response, they state " Nor do we refer to the Ombudsmans discretionary powers IN THESE TERMS . "

It may help if you explain the ' mitting precedent' to them a little so they know what to look for, and to assist them in supplying you with the information you wish to see , and explain to them the precedent may be held by them but under a different title or description that they will need to identify ?

I have found I often find it necessary to EXTREMELY CLEARLY explain what information I am seeking when encouraging public authority staff to provide information - even then they rarely provide it ! - its almost as if they dont want to be open and transparent ??

Good luck.

D. Speers left an annotation ()

Thanks Steven,
The Mitting Precedent relates to PHSO discretionary powers I believe! Unfortunately, no discussion on these are offered either! I am sure I read something about Mitting some time ago and am at as loss to explain why PHSO (or her legal team) cannot seem to reference this.
I remain convinced an internal review is next logical step. Suppose the ICO is next stage!
Thank you for your support!
Dee

++Feedbackaboutus@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Dear Ms Speers

 

We are writing in response to your email of 08 June 2015.

 

We are sorry that you are dissatisfied with our handling of your
information request regarding 'Investigations'.

 

Under our internal complaints procedure, your complaint has been passed to
our Head of Risk, Assurance and Programme Management Office, Mr Steve
Brown.

 

Mr Brown will consider your concerns and will send you a full reply once
his review is complete. This review of your complaint is the only review
that we will undertake.

 

We aim to reply to such complaints within 40 working days.

 

Kind regards

 

 

Customer Care Team

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

Dear Mr Brown,

As you carry out an internal review into this FOI request. I ask you to consider this part of the response. "Nor do we refer to the Ombudsmans discretionary powers IN THESE TERMS . "
Maybe a starting point could be "what current terms is the Ombudsmans Dicretionary Powers referred to?" Was Mitting Precedent ever referred to?

Yours faithfully,

D. Speers

foiofficer@ombudsman.org.uk, 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.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Fiona Watts left an annotation ()

One word = APPALLING!

Surely the PHSO response to Dee Speers's FOI request make an utter farce of the whole remit and purpose of The Parliamentary Health Service Ombudsman?

I wished I'd known what an utter time wasting joke-of-a- public-subsidised-agency The Parliamentary Health Service Ombudsman turned out to be .... before I was duped into trying to progress a decade of injustices against me.

D. Speers left an annotation ()

"Appalling" is the word Fiona Watts .........but being a polite yet persistent pain in the proverbial fives me the edge in the tenacity stakes. I am not going anywhere!

D. Speers left an annotation ()

"Appalling" is the word Fiona Watts .........but being a polite yet persistent pain in the proverbial gives me the edge in the tenacity stakes. I am not going anywhere!

Brown Steve, Parliamentary and Health Service Ombudsman

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Steve Brown

Head of Risk and Assurance

Parliamentary and Health Service Ombudsman

E: [email address]

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

 

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show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

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