Dear Parliamentary and Health Service Ombudsman,

Please provide details of all out of court settlements agreed by the PHSO in the last 5 years, including

Name of organisation or individual
Date
Whether a consent order was used
Amount settled
Reason for settlement

Yours faithfully,

Nicholas Wheatley

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


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Dear Parliamentary and Health Service Ombudsman,

This FOI request has been delayed, and by law I should have received a response by now. Please let me know when you will be able to provide a response to my request.

Yours faithfully,

Nicholas Wheatley

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Wheatley

 

Your request for information

PHSO reference FDN-274914

 

Please accept our apologies for the delay in responding to your request.
We are aware that this response should have sent at the latest by 15^th
December 2017 in accordance with the statutory timeframe set out in the
Freedom of Information Act 2000. We are sorry that we did not meet this
deadline.

 

Response

 

You have requested information that relates to out of court settlements,
and we interpret that to mean matters where we agree to settle a matter
before proceedings are issued.  We have accessed information taken from
our Annual Report for each of the past five years to identify what matters
may have been settled before proceedings were issued by way of an out of
court settlement.  The extract of each report relating to consent orders
is attached for reference. We can confirm the following for each year from
April-March:

 

2012/13 - none

2013/14 - none

2014/15 - none

2015/16 – two: in each case the consent order agreed that the litigation
would come to an end. In one case the consent order agreed that we would
conduct a further investigation. In the other case the claimant agreed to
withdraw the litigation. The names of the claimants is withheld under
section 40(2) of the Freedom of Information Act 2000.

2016/17 – one: in this case the consent order agreed that litigation would
come to an end, and we agreed to conduct a further investigation. The name
of the claimant is withheld under section 40(2) of the Freedom of
Information Act 2000.

2017/18 - we can confirm that there is no relevant information held from
April 2017 to the date of your request.

 

Section 40(2) of the Freedom of Information Act 2000 applies to
information that is third party personal data. It is engaged by virtue of
the first condition being met at section 40(3)(a)(i) of the Freedom of
Information Act 2000, as disclosure would contravene the first data
protection principle. We do not consider that it would be fair to disclose
the name of the claimants, as they are acting in a private capacity and
would have a reasonable expectation that their personal data would not be
disclosed in connection to private litigation that was settled before it
reached the High Court.

 

Right of appeal

 

If you have any queries about this letter, please contact the Freedom of
Information Team. Please remember to quote the reference number above in
any future communications. If you are unhappy with the service you have
received in relation to your request or wish to request an internal
review, please respond to this email and explain why you are dissatisfied.

 

If you are not content with the outcome of your internal review, you may
apply directly to the Information Commissioner’s Office for a decision.
Generally, the Commissioner will not make a decision unless you have
exhausted the complaints procedure provided by the PHSO. The Information
Commissioner’s Office can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[1]https://ico.org.uk/

 

Regards,

 

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

E: [email address]

W: www.ombudsman.org.uk

 

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References

Visible links
1. https://ico.org.uk/

Dear InformationRights,

Thank you for your reply. You say you have interpreted that to mean settled before proceedings are issued. However my request referred to any settlements that may have been made, including after commencement of proceedings, but before appearing in court for judicial review. To make things simpler would you please list all settlements and also indicate if any are as a result of judicial verdicts.

Yours sincerely,

Nicholas Wheatley

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Wheatley

Your request for information
PHSO reference - FDN-274961

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 22nd January 2018 in line with the statutory timeframes set out in the Act.

Regards,

Freedom of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
E: [email address]
W: www.ombudsman.org.uk

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InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Wheatley

Your request for information
PHSO reference FDN-274961

Thank you for your email of 20th December 2017 in which you asked for information under the Freedom of Information Act 2000. For reference, your request was for:

“You say you have interpreted that to mean settled before proceedings are issued. However my request referred to any settlements that may have been made, including after commencement of proceedings, but before appearing in court for judicial review. To make things simpler would you please list all settlements and also indicate if any are as a result of judicial verdicts.”

Response

Please accept our apologies; there was a typographical mistake in the previous response sent to you. Where the response stated:

“You have requested information that relates to out of court settlements, and we interpret that to mean matters where we agree to settle a matter before proceedings are issued.

It should have stated “after” instead of “before”. The figures given were for details of settled cases after proceedings were issued and before any judgment had been given by the court:

2015/16 – two: in each case the consent order agreed that the litigation would come to an end. In one case the consent order agreed that we would conduct a further investigation. In the other case the claimant agreed to withdraw the litigation. The claimants’ names are withheld under section 40(2) of the Freedom of Information Act 2000.

2016/17 – one: in this case the consent order agreed that litigation would come to an end, and we agreed to conduct a further investigation. The claimant’s name is withheld under section 40(2) of the Freedom of Information Act 2000.

To confirm, no additional information is held.

Right of appeal

If you have any queries about this letter, please contact the Freedom of Information Team. Please remember to quote the reference number above in any future communications. If you are unhappy with the service you have received in relation to your request or wish to request an internal review, please respond to this email and explain why you are dissatisfied.

If you are not content with the outcome of your internal review, you may apply directly to the Information Commissioner’s Office for a decision. Generally, the Commissioner will not make a decision unless you have exhausted the complaints procedure provided by the PHSO. The Information Commissioner’s Office can be contacted at:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

https://ico.org.uk/

Regards,

Freedom of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
E: [email address]
W: www.ombudsman.org.uk

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