Dear Mr Burch

I acknowledge receipt of your request for information in accordance with the Freedom of Information Act 2000. I would confirm that your request is:

"Please provide all responses and comments received by NIPSO from the Department for Communities in relation to the investigation."

I will respond to in due course in respect of this request.

Sincerely

Gregory Smyth
Legal Officer

Dear Northern Ireland Public Services Ombudsman,

I would like to reinstate my request for the information I requested yesterday regarding the NIPSO investigation into the administration of PIP. Please provide all responses and comments received by NIPSO from the Department for Communities in relation to the investigation.

Yours faithfully,

Tim Burch

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Dear Mr Burch

I acknowledge receipt of your email below.

Yours,

Obo
Gregory Smyth

show quoted sections

Dear Mr Burch

Thank you for your recent email. I would note that this is the 3rd request for information relating to the PIP investigation which you have made over the period of the last week or so.

I would acknowledge receipt of this email and advise that with effect from the 21.6.21 I have opened up a request for information. Your email notes, "provide the information previously requested by me regarding your investigation into PIP." This request is being treated as a request for information under the Freedom of Information Act 2000.

To clarify, your last withdrawn request for information was, "Please provide all responses and comments received by NIPSO from the Department for Communities in relation to the investigation."

You should confirm that this is what you are requesting. No further action will take place until you have clarified this.

Sincerely

Gregory Smyth
Legal Officer

show quoted sections

Dear Mr Burch

Thank you for your email.

We will consider your request for information as noted in my previous email and will respond in accordance with the Freedom of Information Act 2000.

Sincerely

Gregory Smyth
Legal Officer

show quoted sections

By email: [1][FOI #765188 email]

Dear Mr Burch

Re: Information Request - IR20210017 - Mr Burch - FOIA

In June and July 2021 we received a series of emails from you requesting
and then withdrawing requests for information under the Freedom of
Information Act 2000.  On 22 June 2021 I confirmed that your request for
information was:

"Please provide all responses and comments received by NIPSO from the
Department for Communities in relation to the investigation."

Introduction

Your request for information relates to an investigation by this Office
relating to Personal Independence Payment (PIP) benefit which is
administered by the Department for Communities (“the Department”) in
Northern Ireland, in accordance with section 8 of the 2016 Act.

In considering your request for information, I have reviewed files and
records which contain applicable information. I have also considered the
following pieces of legislation:

•                The Public Services Ombudsman Act (Northern Ireland) 2016
(‘the 2016 Act’)

•                The Freedom of Information Act 2000 (‘FOIA 2000’)

I am treating this as a request for information under section 1(1) of the
FOIA 2000.

My Response

For the reasons explained below, it is my decision that this Office is
unable to disclose the information you have requested under the FOIA 2000.

Section 44(1)(a) of the FOIA 2000, provides that disclosure should not
take place where it “is prohibited by or under any enactment”.  The
following provisions under the 2016 Act create a statutory prohibition to
disclosure:

Section 30(5) of the 2016 Act states that ‘an investigation must be
conducted in private’. This provision protects the confidentiality of the
Ombudsman’s investigations.

Section 49 of the 2016 Act states that ‘information obtained’ by the
Ombudsman in the course of an investigation “must not be disclosed” except
in the limited circumstances provided for in the 2016 Act.  I am satisfied
that none of the circumstances where disclosure is permitted apply to your
request.

One of the core purposes of these confidentiality provisions is to protect
correspondence between the Ombudsman and each party to a complaint. As
part of an independent investigation being conducted by the Ombudsman, we
obtain information and seek clarity from both sides in confidence, with a
view to making a determination and finding.

These provisions are therefore designed to encourage frankness and
openness during our exchanges of correspondence with each of the parties
in the knowledge that such correspondence will not then be shared with
others.

Background to investigation

To place this investigation into context for you, the Department provided
approximately 174 responses to NIPSO during the course of the
investigation, with an estimated 300 additional attachments.  It is
estimated that these attachments amount to approximately 20,000 pages.  In
addition the Department also provided 153 PIP claim files with
approximately 300 pages within each file (approximately 45,900 pages).  In
53 of these cases the complaints file was also obtained, the page numbers
within these complaints files varied from 10 - 200 pages, an approximation
would suggest this is an additional 4,240 pages.  This amounts to
approximately 70,000 pages of material from the Department alone.

Copy of Report

As you have expressed an interest in this investigation I have spoken to
the Own Initiative Investigation team in respect of this request, and they
advise me that there are a limited number of hard copies of the report
still available should you wish to  have a copy.  If that is the case
please provide your name and address and I can arrange for it to be posted
out to you. 

Alternatively an electronic version is available, if that is more
convenient, from our website at:
[2]https://nipso.org.uk/finding_type/own-in...

Conclusion

If you are not satisfied with this response to your request, you may ask
for an internal review within two calendar months of the date of this
letter.  You should contact:

Mr John McGinnity

Director of Corporate Services

Northern Ireland Public Services Ombudsman’s Office

Progressive House

33 Wellington Place

Belfast

BT1 6HN

Email:  [3][email address]

If you are not content with the outcome of any internal review requested
by you, you then have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted
at:

Information Commissioner’s Office

Wycliffe House

Water Lane

WILMSLOW

Cheshire

SK9 5AF

Yours sincerely

     Gregory Smyth

Gregory Smyth

Legal Officer

References

Visible links
1. mailto:[FOI #765188 email]
2. https://nipso.org.uk/finding_type/own-in...
3. mailto:[email address]

Dear Mr Burch

Ref IR20210025 - New FOIA request

I acknowledge receipt of your email.

I have responded to your information request IR20210017, this is a new request. Your new request will be responded to in due course and in accordance with the Freedom of Information Act 2000. If you are not satisfied with my response you were previously advised that you may seek an internal review within 2 months of this email:

Mr John McGinnity
Director of Corporate Services
Northern Ireland Public Services Ombudsman’s Office
Progressive House
33 Wellington Place
Belfast
BT1 6HN
Email: [email address]

If you are not content with the outcome of any internal review requested by you, you then have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

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

Yours sincerely

Gregory Smyth
Legal Officer

show quoted sections

Dear Mr Burch

Re: Information Request - IR20210025

I refer to your email received by this office on 26 July 2021. You have
requested the following information:

“I would like to request the Department for Communities responses solely
relating to the draft report prepared by NIPSO after their investigation
had been concluded... To clarify, I am asking only for the Department for
Communities official replies to NIPSO in response to NIPSO's request for
comments regarding their draft report into the administration of PIP”

I have reviewed documents relating to your request, as noted above.  These
documents are likely to fall into a range of different categories of
information classification.  All of these documents are from an external
body with whom I must consult with prior to finalising my response.  As
some of the information may need to be considered by that body, I will be
asking the Department to clarify some aspects before substantively
responding to you.  This will delay my response and for that I apologise.

The Ombudsman’s Office continues to work remotely during the current
Covid-19 pandemic due to health and safety considerations relating to our
community, our complainants and our staff.  This has placed increased
difficulties on many people and organisations in Northern Ireland.  As I
have said already there will be a delay in responding to your request, I
would hope to respond to you by Monday 13 September 2021.  In the event
that there are any further delays relating to this request I will keep you
up to date as soon as possible.  Should I be able to respond to you
earlier I will endeavour to do so promptly.

I apologise for this inconvenience and delay.

Yours sincerely

Gregory Smyth

Legal Officer

Dear Mr Burch

Re: Information Request - IR20210025

Thank you for your reply.

The Ombudsman will respond to your request in accordance with the Freedom of Information Act 2000 and in accordance with the statutory scheme as set out in the Public Services Ombudsman Act (Northern Ireland) 2016 as it applies to investigations undertaken by the Ombudsman.

I trust this is off assistance.

Yours sincerely

Gregory Smyth
Legal Officer

show quoted sections

Dear Mr Burch

Re: Information Request - IR20210025

I had advised you that we had shared correspondence with DfC relating to your request, as they were the authors of the information you were seeking. DfC have advised me this morning that they will not be able to respond to me until Wednesday 15th September 2021 with their observations. In view of this I would expect to respond to your request for information under the FOIA 2000 by Thursday 16th September 2021.

I trust this update is of assistance.

Yours sincerely

Gregory Smyth
Legal Officer

show quoted sections

Dear Mr Burch

By email: [1][FOI #765188 email]

Re: Information Request - IR20210025 - Mr Burch - FOIA

In July 2021 we received a request following a previous response
(IR20210017) in which we responded to you regarding the Ombudsman’s Own
Initiative Team PIP investigation.  In this further request for
information you requested:

“I would like to request the Department for Communities responses solely 
relating to the draft report prepared by NIPSO after their investigation 
had been concluded... To clarify, I am asking only for the Department for 
Communities official replies to NIPSO in response to NIPSO's request for 
comments regarding their draft report into the administration of PIP.”

Introduction

Your request for information relates to an investigation by this Office
relating to Personal Independence Payment (PIP) benefit which is
administered by the Department for Communities (“the Department” or “DfC”)
in Northern Ireland, in accordance with section 8 of the 2016 Act.

In considering your request for information, I have reviewed files and
records which contain applicable information. I have also considered the
following legislation:

•                The Public Services Ombudsman Act (Northern Ireland) 2016
(‘the 2016 Act’)

•                The Freedom of Information Act 2000 (‘FOIA 2000’)

I am treating this as a request for information under section 1(1) of the
FOIA 2000.

My Response

To place this investigation into context for you, the Department provided
approximately 174 responses to NIPSO during the course of the
investigation, with an estimated 300 additional attachments.  It is
estimated that these attachments amount to approximately 20,000 pages.  In
addition the Department also provided 153 PIP claim files with
approximately 300 pages within each file (approximately 45,900 pages).  In
53 of these cases the complaints file was also obtained, the page numbers
within these complaints files varied from 10 - 200 pages, an approximation
would suggest this is an additional 4,240 pages.  This amounts to
approximately 70,000 pages of material from the Department alone.

As part of assessing the information which you have asked us about, I have
met with members of the Ombudsman’s Own Initiative

Team, reviewed individual documents and I have sought the view of DfC
regarding correspondence received from them as they authored the said
documents you have requested.  As part of this process I had to extend the
period of time required to respond to you.  I apologise for the necessity
of this which was in part caused by the fact that all of these documents
requested were authored by the DfC, along with the impact on remote
working for all of those involved in both the Department and the
Ombudsman’s Office and the sheer volume of the material which was involved
in the actual PIP investigation.

It is important to clarify for you that the draft report and comments
relating to the draft report forms part of the investigation process
within an Ombudsman’s investigation under the 2016 Act  The 2016 Act can
be viewed at [2]https://www.legislation.gov.uk/nia/2016/... In
reviewing correspondence relating to the Draft Report which was received
from the the Department for Communities (DfC) I will break my response
into the following categories of information. 

Category 1 – Information from the DfC which does not contain information
obtained as part of the investigation

I have attached a number of documents which were sent to the Ombudsman as
part of her investigation and which do not contain information obtained in
the course of the Own Initative PIP investigation.  These documents in
general contain personal data in respect of members of staff of both DfC
and NIPSO.  These personal details have been redacted in accordance with
section 40 of the FOIA 2000.  I have not redacted the names of senior and
public leadership roles within the DfC or the Ombudsman’s Office.

I am able to release this information under the the 2016 Act and the FOIA
2000, other than personal data.

Category 2 - Information from the DfC which does contain information
obtained in the course of the investigation

For the reasons explained below, it is my decision that this Office is
unable to disclose the information you have requested under category 2 of
this request.

Section 44(1)(a) of the FOIA 2000, provides that disclosure should not
take place where it “is prohibited by or under any enactment”.  The
following provisions under the 2016 Act create a statutory prohibition to
disclosure:

Section 30(5) of the 2016 Act states that ‘an investigation must be
conducted in private’. This provision protects the confidentiality of the
Ombudsman’s investigations.

Section 49 of the 2016 Act states that ‘information obtained’ by the
Ombudsman in the course of an investigation “must not be disclosed” except
in the limited circumstances provided for in the 2016 Act.  I am satisfied
that none of the circumstances where disclosure is permitted apply to your
request.

One of the core purposes of these confidentiality provisions is to protect
correspondence between the Ombudsman and each party to a complaint and/or
an investigation. As part of an independent investigation being conducted
by the Ombudsman, we obtain information and seek clarity from both sides
in confidence, with a view to making a determination and finding.

These provisions are therefore designed to encourage frankness and
openness during our exchanges of correspondence with each of the parties
in the knowledge that such correspondence will not then be shared with
others.

The draft report is an important and integral stage in an investigation
with listed authorities commenting directly on information which is part
of the investigation and which amounts to information obtained in the
course of an investigation.

Copy of Report

As you have expressed an interest in this investigation I have spoken to
the Own Initiative Investigation team in respect of this request, and they
advise me that there are a limited number of hard copies of the report
still available should you wish to  have a copy.  If that is the case
please provide your name and address and I can arrange for it to be posted
out to you.  Whilst I recognise that you did not avail of this offer when
I previously responded, in view of your continued interest in this
investigation I consider it important to extend this offer again.

Alternatively an electronic version is available, if that is more
convenient, from our website at:
[3]https://nipso.org.uk/finding_type/own-in...

Conclusion

If you are not satisfied with this response to your request, you may ask
for an internal review within two calendar months of the date of this
letter.  You should contact:

Mr John McGinnity

Director of Corporate Services

Northern Ireland Public Services Ombudsman’s Office

Progressive House

33 Wellington Place

Belfast

BT1 6HN

Email:  [4][email address]

If you are not content with the outcome of any internal review requested
by you, you then have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted
at:

Information Commissioner’s Office

Wycliffe House

Water Lane

WILMSLOW

Cheshire

SK9 5AF

Yours sincerely

     Gregory Smyth

Gregory Smyth

Legal Officer

Solicitor

Northern Ireland Public Services Ombudsman's Office
Progressive House | 33 Wellington Place | Belfast | BT1 6HN
+ Email: [5][email address]
' Telephone: 0800 343424

[6]cid:image009.png@01D63140.048325A0

Please note, we are currently taking steps to manage the unprecedented
circumstances we are all experiencing in relation to the Coronavirus
(COVID-19) situation.  Like most others, including our fellow public
sector service providers, this is impacting on our ability to provide our
full normal service.

We are continuing to provide our services but please be aware that our
office is now closed and our staff are working from home.  We are still
responding to emails and phone enquiries but due to the impact on our
staff, our response times will be affected.

References

Visible links
1. mailto:[FOI #765188 email]
2. https://www.legislation.gov.uk/nia/2016/...
3. https://nipso.org.uk/finding_type/own-in...
4. mailto:[email address]
5. mailto:[email address]