Own Initiative Report ~ PIP - Advice from External Adviser
Dear Northern Ireland Public Services Ombudsman,
With reference to your “Own Initiative Report ~ PIP and the Value of Further Evidence”
Page 300 of that report refers to advice sought from an External Adviser.
Could you please:
1. Provide copies of all correspondence between NIPSO and the External Adviser, and the External Adviser and NIPSO?
2. Provide a copy of review undertaken by that External Adviser and any advice provided by the External Adviser?
3. Provide detail of the cost to NIPSO for the advice provided by the External Adviser?
Yours faithfully,
Lizzie Carlisle
Dear Ms Carlisle
Re: IR20210020 – Ms Carlisle - FOI request re Advice from External Adviser
Thank you for your recent request for Information under the Freedom of Information Act 2000.
Your email has been forwarded to Legal Services and we will respond to this request in due course.
Yours,
Legal Services
Northern Ireland Public Services Ombudsman's Office
Progressive House | 33 Wellington Place | Belfast | BT1 6HN
Email: [email address]
Telephone: 0800 343424
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.
By email: [1][FOI #770489 email]
Dear Ms Carlisle
Re: Information Request - IR20210020 – Carlisle
I refer to your email dated 5 July 2021, in which you made a request under
the Freedom of Information Act 2000 for the following information:
1. Provide copies of all correspondence between NIPSO and the External
Adviser, and the External Adviser and NIPSO?
2. Provide a copy of review undertaken by that External Adviser and any
advice provided by the External Adviser?
3. Provide detail of the cost to NIPSO for the advice provided by the
External Adviser?
Introduction
Your request for information relates to an investigation by this Office
relating to Personal Independence Payment (PIP) benefit, “Own Initiative
Report - PIP and the Value of Further Evidence”, which is administered by
the Department for Communities (“the Department”) in Northern Ireland.
This investigation was conducted 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
Question 1 and 2
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,
in respect of question 1 and 2.
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.
Question 3
The external advise was provided at a cost of £8,000 excluding VAT.
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: [2][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 #770489 email]
2. mailto:[email address]
Dear Northern Ireland Public Services Ombudsman,
Please pass this on to the person who conducts Freedom of Information reviews (Mr John McGinnity, Director of Corporate Services).
I am writing to request an internal review of Northern Ireland Public Services Ombudsman's handling of my FOI request 'Own Initiative Report ~ PIP - Advice from External Adviser'.
Thank you for the response to my request and for answering point 3. I am dissatisfied with the decision regarding points 1 and 2. I note the references you make to sections of the 2016 Act and suggest that Section 49 does not apply to my request.
The Ombudsman states that the “advice sought centred on appraising the investigative methodology used in the Own Initiative investigation”. It is the advice and correspondence in relation to the ‘investigative methodology’ that I am requesting, and not information obtained by investigators or provided by complainants or listed authorities.
The response suggests that confidentially applies to my request by stating “One of the core purposes of these confidentiality provisions is to protect correspondence between the Ombudsman and each party to a complaint.” Again, I would politely suggest that this does not apply, unless it is the case that the External Advisor is also a complainant of party to a complaint, please clarify if that is the case.
To be clear, my request is not in relation to ‘information obtained’ as part of the investigation, it is in relation to advice procured from an External Advisor to the Ombudsman; advice paid for, one would assume, with public funds.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...
Yours faithfully,
Lizzie Carlisle
29 July 2021
Dear Ms Carlisle
THE PUBLIC SERVICES OMBUDSMAN ACT (NORTHERN IRELAND) 2016
I acknowledge receipt of your FOI review request. It will receive
attention as soon as possible.
Yours sincerely
DAVID ALEXANDER
Senior Casework Officer
Northern Ireland Public Services Ombudsman's Office
Progressive House | 33 Wellington Place | Belfast | BT1 6HN
+ Email: [1][Northern Ireland Public Services Ombudsman request email]
' Telephone: 0800 343424
[2]cid:image009.png@01D63140.048325A0
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