Dear Parliamentary and Health Service Ombudsman,

The Ombudsman comes in for some criticism in this harrowing story concerning Averil Hart, a young anorexic woman who died:

http://www.dailymail.co.uk/health/articl...

Averil's father "criticised the ombudsman for taking three and a half years to produce the report and for relying on the word of clinicians rather than actual medical records.'

The Ombudsman, Mr Behrens, apologised for the delay in producing the report.

1. On what date did you first receive a complaint about the death of Miss Hart?

2. On what date did your investigation into her death begin?

3. On what date did you conclude your investigation into her death?

4. On what date was the complainant notified of the outcome of your investigation?

5. Please send me a copy of any information compiled by PHSO staff to inform Mr Behren's:

a. of the circumstances surrounding the delay; and
b. how he might respond publicly to it.

Specifically, check his email account using the search terms 'Averil Hart' and 'apology' for emails sent to or received from PHSO staff. Please provide me with copies of these emails and any attachments.

6. If PHSO engaged lawyers to deal with the complaint please state:

the date they were first contacted;
the name of the legal practice; and
the total amount paid to them/due in respect of dealing with the case.

Yours faithfully,

D Moore

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


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InformationRights, Parliamentary and Health Service Ombudsman

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Dear D.Moore

 

Thank you for your email requesting information held by the Parliamentary
and Health Service Ombudsman.

 

Your request will be responded to in line with the Freedom of Information
Act 2000. A response will be sent to you on or before 10 January 2018 in
line with the statutory timeframes set out in the Act.

 

Kind regards

 

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

Dear D Moore,

 

Request for information under the Freedom of Information Act 2000

 

Further to your email dated 8^th December, in which you request the
disclosure of information under the provisions of the above Act, we are
now in a position to respond.

 

The Ombudsman comes in for some criticism in this harrowing story
concerning Averil Hart, a young anorexic woman who died:

[1]http://www.dailymail.co.uk/health/articl...

Averil's father "criticised the ombudsman for taking three and a half
years to produce the report and for relying on the word of clinicians
rather than actual medical records.'

The Ombudsman, Mr Behrens, apologised for the delay in producing the
report.

1. On what date did you first receive a complaint about the death of Miss
Hart?

2.  On what date did your investigation into her death begin?

3.  On what date did you conclude your investigation into her death?

4.  On what date was the complainant notified of the outcome of your
investigation?

5.  Please send me a copy of any information compiled by PHSO staff to
inform Mr Behren's:

a.  of the circumstances surrounding the delay; and
b.  how he might respond publicly to it. 

Specifically, check his email account using the search terms 'Averil Hart'
and 'apology'  for emails sent to or received from PHSO staff.  Please
provide me with copies of these emails and any attachments.

6.  If PHSO engaged lawyers to deal with the complaint  please state:

the date they were first contacted;
the name of the legal practice; and
the total amount paid to them/due in respect of dealing with the case.

We refer you to our published report Ignoring the alarms: How NHS eating
disorder services are failing patients:
[2]https://www.ombudsman.org.uk/sites/defau....

 

Any information held by the PHSO beyond what has been published in the
report is exempt from release under Section 44 of the Freedom of
Information Act. Section 44 of the Act states that information does not
have to be disclosed under the Act if another Act of Parliament states
that the information requested cannot be disclosed. Section 15 Health
Service Commissioners Act prevents us from releasing to you the
information that you have requested. Section 11(2) of this Act states that
the Ombudsman’s investigations must be carried out in private. Section
15(1) (a) of the Act provides that information obtained by the
Commissioner or his officers in the course of or for the purposes of an
investigation shall not be disclosed except for the purposes of the
investigation and any report to be made in respect of it.

 

Please see the recent ICO decision notice on our application of section 44
of the Freedom of Information Act
[3]https://ico.org.uk/media/action-weve-tak...
. This recognises our duty to investigate in private which is vital to our
independence as an Ombudsman Service.     

 

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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4. mailto:[Parliamentary and Health Service Ombudsman request email]
5. http://www.ico.org.uk/
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http://www.ombudsman.org.uk/

D. Moore left an annotation ()

More information can be found here:

http://www.averilhart.com/

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