Ombudsman's discretion - ICO Decision Notice FS50673691

Parliamentary and Health Service Ombudsman did not have the information requested.

Dear Parliamentary and Health Service Ombudsman,

This request concerns the Health Service Commissioners Act 1993 (HSCA) and the Ombudsman's discretion.

ICO Decision Notice FS50673691 details your refusal to divulge the names of two clinical advisors who penned reports related to a child's death:

https://ico.org.uk/media/action-weve-tak...

'27. The Commissioner observes that section 15(1)(e) has been restricted by section 15(1)(1B), which explains that disclosure can only be made to “any persons to whom he thinks it should be disclosed in the interests of the health and safety of patients....”

28. Allegations of negligence have been made against an NHS Trust which,
if proven, may allow the PHSO to contact relevant individuals under section 15(1)(e) to protect the health and safety of patients. However the discretion to disclose information once again lies with the PHSO and cannot be challenged by the Commissioner.'

Please provide the number of times you contacted relevant individuals under section 15(1)(e) to protect the health and safety of patients in the year 2016/17.

Yours faithfully,

D Moore

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear D Moore

 

Re: FDN – 274746 – FOI request

 

I write in response to your email of 18 August 2017 requesting information
held by the Parliamentary and Health Service Ombudsman (PHSO).  Your
request was for the following:

 

Your request

 

Dear Parliamentary and Health Service Ombudsman,

This request concerns the Health Service Commissioners Act 1993 (HSCA) and
the Ombudsman's discretion.

ICO Decision Notice FS50673691 details your refusal to divulge the names
of two clinical advisors who penned reports related to a child's death:  

[1]https://ico.org.uk/media/action-weve-tak...

'27. The Commissioner observes that section 15(1)(e) has been restricted
by section 15(1)(1B), which explains that disclosure can only be made to
any persons to whom he thinks it should be disclosed in the interests of
the health and safety of patients....

28.  Allegations of negligence have been made against an NHS Trust which,
if proven, may allow the PHSO to contact relevant individuals under
section 15(1)(e) to protect the health and safety of patients. However the
discretion to disclose information once again lies with the PHSO and
cannot be challenged by the Commissioner.'

Please provide the number of times you contacted relevant individuals
under section 15(1)(e) to protect the health and safety of patients in
the year 2016/17.

 

Our response

 

This information is not collated separate to cases. Any decision to
contact individuals would be done on a case by case basis.

 

I hope that the information I have provided is helpful. If you believe I
have made an error in the way I have processed your information request,
it is open to you to request an internal review.  You can do this by
sending an email to [2][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 ([3]www.ico.org.uk).

 

Yours sincerely

 

 

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

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

 

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References

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1. https://ico.org.uk/media/action-weve-tak...
2. mailto:[Parliamentary and Health Service Ombudsman request email]
3. http://www.ico.org.uk/
4. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

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