PERJURY & the true agenda of The Parliamentary Health Service Ombudsman

Fiona Watts made this Freedom of Information request to House of Commons Administration Committee

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The request was partially successful.

Dear House of Commons Administration Committee,

Please point to me that data that clarifies that The Parliamentary Health Service Ombudsman and the NHS are allowed to progress PERJURY against a former NHS & Council Tax Services complainant?

Please direct me to the legislation reviewed by the House of Commons that allows two different MPs for Bury St Edmund to ignore perjury against a UK citizen after the citizen has, for example, engaged in every complaints protocol and procedure across 27 Government Departments since March 2009?

Please direct me to that data held by Parliament which would clarify whether the administration team, clerks and members of The Public Administration and Constitutional Affairs Committee are immune from the Tort of Misconduct in Public Office in conjunction with UK data laws?

Yours faithfully,

Fiona Watts
@magnacarta300
#lawcomMIPO

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear Ms Watts,

 

 

Freedom of Information Request F16-548

 

Thank you for your request for information as copied below. You asked
three questions relating to the House of Commons and the Parliamentary
Health Service Ombudsman (PHSO) which we have sought to answer below.

 

Please note that the Freedom of Information Act 2000 (FOIA) gives a
requester the right to access recorded information held by a public
authority.  Your questions below ask the House of Commons to direct you to
data, which is not necessarily within the remit of the Act.  However, to
be helpful and in accordance with our obligations under section 16 of the
FOIA, we have interpreted your request to be for access to recorded
information held by the House of Commons.

 

1)  Please point to me that data that clarifies that the Parliamentary
Health Service Ombudsman and the NHS are allowed to progress PERJURY
against a former NHS & Council Tax Services complainant?

 

This information is not held by the House of Commons. 

 

The information you require may be held by the PHSO and/or the NHS, so you
may therefore wish to consider submitting your request to them.  We
believe that the contact details of these authorities may be found at
[1]http://www.ombudsman.org.uk/about-us/con... and
[2]http://www.nhs.uk/aboutnhschoices/contac...
respectively.

 

2)  Please direct me to the legislation reviewed by the House of Commons
that allows two different MPs for Bury St Edmund to ignore perjury against
a UK citizen after the citizen has, for example, engaged in every
complaints protocol and procedure across 27 Government Departments since
March 2009?

 

Like any public authority, the House has a duty to provide a requester
with advice and assistance as far as it is reasonable. However, to fully
identify any piece of relevant legislation, expert legal advice would be
required. The duty of the House of Commons to disclose information does
not extend to its having to first carry out this analysis on all
legislation held. In addition, whilst it is part of Parliament’s role to
debate and approve new laws, it is up to the courts to decide how the law
applies in any particular case because there may be more considerations
that must be taken into account other than the text of the statute, such
as the body of precedents comprising the common law and the effect of
other UK statutes.

 

We do not provide legal advice to requesters, so to identify the exact
legislation you require we suggest that questions on the law and its
interpretation may be best directed to a solicitor, barrister or other
suitably qualified legal professional. Alternatively you may wish to
consider contacting Citizens Advice, whose contact details can be found
at: [3]http://www.citizensadvice.org.uk/.

 

This said, Acts of Parliament and associated legislation are held by the
House of Commons.  Copies of legislation are also publicly available from
a wide range of sources, including large public libraries and websites
such as [4]http://www.legislation.gov.uk/.  As this legislation is
reasonably accessible to you otherwise than under the Freedom of
Information Act 2000 (FOIA), your request is refused. In refusing your
request the House is applying the exemption set out in section 21 (1) and
(2) (a) of the FOIA. This is an absolute exemption and the public interest
test does not apply.

 

3)  Please direct me to that data held by Parliament which would clarify
whether the administration team, clerks and members of the Public
Administration and Constitutional Affairs Committee are immune from the
Tort of Misconduct in Public Office in conjunction with UK data laws?

 

This information is not held by the House of Commons.

 

In UK law there is no legal immunity from either civil or criminal
prosecution for people who work as the administration team, clerks or
members of the Public Administration and Constitutional Affairs Committee.
But the important constitutional protection of freedom of speech in
Parliament enshrined in Article IX of the Bill of Rights means that
proceedings in Parliament may not be impeached or in any court.

 

So even if a suit were brought against people who work as the
administration team, clerks or members of the Public Administration and
Constitutional Affairs Committee in relation to the [civil law] Tort of
Misfeasance in Public Office, the workings of the Select Committee which
constitute proceedings in Parliament could not be impeached or questioned
in court.

 

The following information may also be helpful:

o Law Commission consultation paper 229 on Reforming [the common law
criminal offence of] Misconduct in Public Office
[5]http://www.lawcom.gov.uk/wp-content/uplo...
o Appendix B to the Law Commission consultation paper 229 by Mark
Aronson of the Law Faculty of the University of New South Wales, on
the [civil law] Tort of Misfeasance in Public Office
[6]http://www.lawcom.gov.uk/wp-content/uplo...

 

 

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request.  Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [7][House of Commons Administration Committee request email].  Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[8]www.ico.gov.uk.

 

Yours sincerely,

 

Lauren Puckey | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Fifth Floor, 14 Tothill
St, London SW1H 9NB

 

[9]cid:image002.jpg@01D02B64.34D76640

Click [10]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

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Dear House of Commons Administration Committee,

Dear FOI Commons,

Thank you for reply from the PACAC team. But, as public servants, I must ask that you do not to bring any further confusion to my queries;

Your wrote; "We do not provide legal advice to requesters".
Please acknowledge in writing that I did not seek legal advice; just the facts.

In my first FOI, I asked;

1) Please point to me that data that clarifies that the Parliamentary Health Service Ombudsman and the NHS are allowed to progress PERJURY against a former NHS & Council Tax Services complainant?

The background to my query;
Last year, I contacted the Metropolitan Police Serious Fraud Department ( in person and in writing) but they have failed to best respond. Following the publication of a Statement Of Truth signed by SERCO and NHS lawyers, The Parliamentary Health Service Ombudsman side-lined this inquiry;

https://www.whatdotheyknow.com/request/t...

1a) Please clarify if I have misunderstood, but is The House of Commons Administrative Committee genuinely stating that is clueless as to whether there are any guidelines on the legal status of the Ombudsman?

2a) I understand that the Ombudsman is answerable to Parliament so surely this data would be easily accessible?

Please do not let me come in to conflict with your team too. My Health could not cope. I sent a Second Clerk a homemade card because I believed that your team do genuinely wish to "serve the public"? Am I misguided about that too?

Yours faithfully,

Fiona Watts
#lawcommipo

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear Ms Watts,

 

 

Freedom of Information Request F16-548 Clarification

 

With reference to our response to your request for information about the
House of Commons and the Parliamentary Health Service Ombudsman (PHSO) we
have received your request for clarification as copied below.   We are
very sorry that you felt our response brought further confusion to your
queries as we try very hard to assist requesters wherever possible.  We
have addressed your further points below.

 

1)  [in relation to our statement that "We do not provide legal advice to
requesters", please acknowledge in writing that I did not seek legal
advice; just the facts.

 

Your request was to be directed to legislation relating to an issue. 
Whilst your request was not directly a request for legal advice, we
explained that legal advice would be required in order to identify any
relevant material, and the House of Commons is unable to provide such
advice.

 

2)  Please clarify if I have misunderstood, but is the House of Commons
Administrative Committee genuinely stating that is clueless as to whether
there are any guidelines on the legal status of the Ombudsman? 

 

Firstly, it may be helpful to clarify that the public authority which is
responding to your requests is the House of Commons, which includes the
Public Administration and Constitutional Affairs Committee (PACAC) and the
Administration Committee as well as the administrative departments of the
House.  Whilst the WhatDoTheyKnow? website has separately listed various
committees, this is in fact a mistake and they have now made reference to
this in their authority description section.  To avoid confusion, we
recommend that requesters use the main House of Commons portal on that
website, or email us directly at [1][House of Commons Administration Committee request email]. 

Further information about the structure and governance of the House of
Commons is available here:
[2]http://www.parliament.uk/site-informatio...
and here:
[3]http://www.parliament.uk/mps-lords-and-o....

 

The House of Commons has not stated that it is “clueless as to whether
there are any guidelines on the legal status of the Ombudsman”.  We have
told you that:

 

·         The House holds no data that clarifies that the Parliamentary
Health Service Ombudsman (PHSO) and the NHS are “allowed to progress
perjury against a former NHS & Council Tax Services complainant”.

·         The House does hold copies of legislation.  Such legislation may
cover matters “that allows two different MPs for Bury St Edmund to ignore
perjury against a UK citizen…”, but the duty of the House of Commons to
disclose information does not extend to its having to first carry out this
analysis to locate the legislation held.

·         The House holds no data which would clarify whether “the
administration team, clerks and members of the PACAC are immune from the
Tort of Misconduct in Public Office in conjunction with UK data laws”.

 

For all three answers, we have supplied advice in the form of additional
information and assistance in the form of links to help you better
understand our position in the matters you raise and to enable you to
better direct your requests if required.

 

3)  I understand that the Ombudsman is answerable to Parliament so surely
this data would be easily accessible?

 

If we do not hold the information you have requested, we cannot supply it
to you.  PACAC operates under a specific remit and would only hold
information related to their Inquiries, much of which is subsequently
published on their web pages here:
[4]http://www.parliament.uk/business/commit...

Other public authorities, for example the PHSO, the NHS or police forces
may hold the information you require.  The House of Commons is not obliged
to request this data from other authorities on your behalf, but we can and
do supply you with contact details wherever possible to help with your
enquiries.

 

 

We sincerely hope this information is useful and resolves your queries. 
However you may still, if dissatisfied with the handling of your request,
complain to the House of Commons. Alternatively, if you are dissatisfied
with the outcome of your request you may ask the House of Commons to
conduct an internal review of any decision regarding your request. 
Complaints or requests for internal review should be addressed to:
Information Rights and Information Security Service, Research &
Information Team, House of Commons, London SW1A 0AA or
[5][House of Commons Administration Committee request email].  Please ensure that you specify the full
reasons for your complaint or internal review along with any arguments or
points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[6]www.ico.gov.uk.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[7]cid:image002.jpg@01D02B64.34D76640

Click [8]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

Dear House of Commons Administration Committee,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of House of Commons Administration Committee's handling of my FOI request 'PERJURY & the true agenda of The Parliamentary Health Service Ombudsman'.

Firstly, I take issue with this misleading response from you;
"Whilst your request was not directly a request for legal advice, we explained that legal advice would be required in order to identify any relevant material, and the House of Commons is unable to provide such
advice."

This is factually incorrect. My FOI just asks you direct me to YOUR data, the data that your committee has access to when Ombudsman issues are brought to your attention.

As your team is stating that it does not have access to legislative guideline; please allow me to assist.

The PERJURY Act 1911 states that PERJURY is the intentional act of swearing a false oath or of falsifying an affirmation to tell the truth, whether spoken or in writing,

The timeline behind the FOI;
1) Fact;
After engaging in every complaints protocol right up to The Parliamentary Health Service Ombudsman, between 2009 and 2013 a victim's complaint was not upheld.
2) Fact;
Della Reynolds of the PHSO Pressure Group, PHSO-The-Facts secure an historical view of some cases. in 2014.
3) Fact;
The "review" was progressed by Mick Martin, the Deputy Ombudsman between October and December 2014.
4) Fact;
Again, after being assured that the case had been "investigated", the victim's complaint was not upheld.
5) Fact;
On 16th October 2015, lawyers acting on behalf of SERCO and the NHS blocked the victim's legal action with a Statement of Truth that denied existence of the data that the victim had complained about to the Ombudsman and 27 other Government Departments.

The FOI question being progressed on behalf of ALL victims of The Parliamentary Health Service Ombudsman should be simple; but with all due respect, you seem to be trying to confuse my FOI.

A)
Please direct me to that policy or data that allows NHS employees, the Ombudsman or MPs to commit perjury against a member of the public when they are at their most broken and vulnerable?
or
B)
Please direct me to those documents which allow The Parliamentary Health Service Ombudsman to mislead a victim that their Complaint had been investigated?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Fiona Watts
 #lawcomMIPO

Please do not refer me to The Information Commissioner's Office again. - victims of coverup are up to date with that pantomime.

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear Ms Watts,

 

 

Internal Review Request IR F16-548

 

Thank you for your email dated 12 January 2017, copied below, requesting
an internal review of our response to your Freedom of Information request.

 

We will endeavour to respond within 20 working days, i.e. on or before 9
February 2017. However, it may be necessary to extend this deadline by
another 20 working days, for example if the review is complicated and
requires the assistance of multiple resources. If this is the case, and
your review cannot be completed in the shorter timeframe, we will inform
you of this.

 

If you have any queries about the review, please contact me with the
reference in the subject line.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[1]cid:image002.jpg@01D02B64.34D76640

Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

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FOI Commons, House of Commons Administration Committee

2 Attachments

Dear Ms Watts,

 

 

Further to your request for an Internal Review, copied below, please find
our response attached. 

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[1]cid:image002.jpg@01D02B64.34D76640

Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

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Dear FOI Commons,

Many thanks for your reply but your first answer is factually incorrect and I respectfully ask you to resolve this issue as soon as possible.

1) Please point to me that data that clarifies that the Parliamentary Health Service Ombudsman and the NHS are allowed to progress PERJURY against a former NHS & Council Tax Services complainant?

The reply was as follows;
"This information is not held by the House of Commons."

But it is; I refer you to the Acts passed by Parliament.

The Parliamentary Commissioner Act 1967
Health Service Commissioners Act of 1993

UNRESOLVED QUESTION;
Are you stating that you have no data, information or knowledge of the Acts passed through the House of Commons? Really? I do not wish to come in to conflict with you - just seek transparency.

Yours sincerely,

Fiona Watts

FOI Commons, House of Commons Administration Committee

1 Attachment

Dear Ms Watts,

 

 

Thank you for your further email.  We have provided you with a response to
your query and we have carried out an internal review.  Our response to
your request has not changed.

 

In a final effort to be helpful, please note that the House of Commons
does not hold any records which state that “the Parliamentary Health
Service Ombudsman and the NHS are allowed to progress perjury against a
former NHS & Council Tax Services complainant”.  We do, however, hold
copies of Acts of Parliament (which are also all publicly available).

 

If you remain dissatisfied with our response to your request you have the
right to appeal to the Information Commissioner’s Office as previously
stated. We will not be providing any further comment on this matter.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[1]cid:image002.jpg@01D02B64.34D76640

Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

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