Dear Parliamentary and Health Service Ombudsman,

In October we were informed by Mr Behrens, Ombudsman that 70% of the enquiries to PHSO were from people who had not completed their complaint with the body in jurisdiction. He went on to say that legislation prevents PHSO from becoming involved in these cases.

On 30 November it was reported that the Ombudsman is to intervene in cases concerning WASPI complaints to the DWP and ICE.

Following complaints of significant delays to the process and a series of rejected requests by WASPI’s legal team for the DWP’s Independent Case Examiner (Ice) team to adopt a more streamlined approach, the Obmudsman has agreed directly with Ice that it will streamline the process by investigating a representative sample of complaints and considering how any such maladministration should be addressed.

In response to the announcement, WASPI legal director, Susan Beevers said: “We welcome the intervention of the Ombudsman, which could reduce the length of the maladministration case by around one year.

https://www.commonspace.scot/articles/12...

These complainants have not completed their complaint with the body in jurisdiction and with the support of a legal team have an alternative legal remedy (which would also prevent PHSO from investigating).

1. Can you send me the legislation which prevents the Ombudsman from becoming involved with cases which have not completed their complaint with the body in jurisdiction?

2. Can you send me the legislation which prevents the Ombudsman from becoming involved with cases where there is an alternative legal remedy?

3. Can you send me the legislation which allows the Ombudsman to breach the above legislation?

Yours faithfully,

Della Reynolds

phsothefacts Pressure Group

Dear InformationRights,

thank you for your speedy reply. I see from the attached links that the 'loophole' is neatly built into the original legislation. This is the quote which states that PHSO must wait until the first stage complaint is complete.

(5)In such a case a Commissioner shall not conduct an investigation in respect of the action unless he is satisfied that—
(a)the other procedure has been invoked and exhausted, or
(b)in the particular circumstances it is not reasonable to expect that procedure to be invoked or (as the case may be) exhausted.

It will be for PHSO to decide what is 'reasonable' and is happy to send desperate back to the body complained about stating that legislation prevents them from getting involved. However, when the government is under the cosh as is the case with the 4,000 Waspi complaints the Ombudsman can decide it is not reasonable for these complaints to exhaust the system.

Here the legislation on legal remedy.

(2)Except as hereinafter provided, the Commissioner shall not conduct an investigation under this Act in respect of any of the following matters, that is to say—
(a)any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virtue of Her Majesty’s prerogative;
(b)any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:
Provided that the Commissioner may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.

Equally, here the Ombudsman can be 'satisfied' that it is not reasonable to expect 'him' to resort to legal action and step in despite the fact that there is alternative legal remedy. This could be useful where alternative legal remedy would bring issues into the public domain. Interestingly, if the Ombudsman fails to provide an adequate service for these individuals who are not able to resort to legal action they then tell them to take PHSO to judicial review knowing they can't.

How carefully the legislation is worded in order to protect the state from the public. Waspi women beware!

Yours sincerely,
Della Reynolds
phsothefacts Pressure Group