PHSO "Clinical Advisor TERMS AND CONDITIONS"

The request was successful.

Dear Parliamentary and Health Service Ombudsman,

1. Please provide the following document:

PHSO "EXTERNAL ADVISOR TERMS AND CONDITIONS" - where it explicitly states that 'The practice of the Ombudsman is that all professional advisors are now named in final decision reports to complainants and the relevant health organisation.'

By Agreeing to the terms and conditions in this document and working for the PHSO confirms Clinical Advisor CONSENT.

2. i) How many complaints have been made to the Information Commissioner's Office (ICO) re: the PHSO ?

ii) Of those complaints, how many were PHSO data breaches - lost data, tampered medical files, refusing to disclose subject access data etc? Please break down into years, a total amount and the type of data breach.

iii)How many of these (i) and (ii) were upheld / not upheld ?

3. i) How many data breaches did the PHSO report to the ICO ?

ii) Did you notify the ICO that you named Clinical Advisor Prof TJ David and provided me with his work place despite stating that you would not disclose it, as it was "his personal data" using FOI Act 2000 section 40(2) ?

4. i) How many complaints/ investigations has the PHSO conducted into the ICO ?

ii) How many of those has the PHSO found to be be Upheld (in favour of the complainant)

iii) How many of those have the PHSO found to be be NOT Upheld (in favour of the ICO) ?

5. i) How many Complainants have contacted the PHSO for one reason or another and are now filed as a "DO NOT ACKNOWLEDGE" case?

ii) please break this down into categories such as Healthcare Complaints etc and annual totals.

Complaints about us: policy and process
Why does PHSO need a complaints procedure?:
4.2.32 The decision to apply a new ‘do not acknowledge’ instruction can only be
made by the Ombudsman ( PHSO policy requirement) . Visualfiles allows such
decisions to be noted and a warning flag will display when the particular case is
opened. Correspondence received on a case that has been classified as do not
acknowledge will be logged and added to Visualfiles and will have its content
considered by the Ombudsman’s Casework Management Team.

Thank you again,

Yours faithfully,

Gina Terry

foiofficer, Parliamentary and Health Service Ombudsman

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Ombudsman. This return e-mail shows that we have received your
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Thomas David, Parliamentary and Health Service Ombudsman

4 Attachments

Ms Gina Terry

By email only

 

 

FDN-184992

 

 

19 March 2014

 

 

Dear Ms Terry

 

I write in response to your request for information dated 19 February
2014.

 

Your request is being considered under the Freedom of Information Act 2000
(FOIA).

 

1.‘Please provide the following document:

PHSO "EXTERNAL ADVISOR TERMS AND CONDITIONS" - where it explicitly states
that 'The practice of the Ombudsman is that all professional advisors are
now named in final decision reports to complainants and the relevant
health organisation.'   

By Agreeing to the terms and conditions in this document and working for
the PHSO confirms Clinical Advisor CONSENT.’

 

Please find the “External Advisor Terms and Conditions” at attachment A.

 

2.‘i) How many complaints have been made to the Information Commissioner's
Office (ICO) re: the PHSO ?

ii)  Of those complaints, how many were PHSO data breaches - lost data,
tampered medical files, refusing to disclose subject access data etc?
Please break down into years, a total amount and the type of data breach.

iii) How many of these (i) and (ii) were upheld / not upheld?’

 

I am unable to provide you with the details of the number of complaints
made to the Information Commissioner’s Office (ICO) regarding the
Parliamentary and Health Service Ombudsman (PHSO). This is because the
information is not held by the PHSO, but by the ICO itself. You may wish
to contact the ICO directly for this information.

 

3.‘i) How many data breaches did the PHSO report to the ICO ?

ii) Did you notify the ICO that you named Clinical Advisor Prof TJ David
and provided me with his work place despite stating that you would not
disclose it, as it was "his personal data” using FOI Act 2000 section
40(2)?’

 

The PHSO holds information on data breaches reported to the ICO from the
2009/2010 business year. This information is included at attachment B. The
PHSO does not hold any data prior to this period.  None of the data
breaches PHSO has reported to the ICO has related to the release of
information identifying a Clinical Advisor.

 

4.‘i) How many complaints/ investigations has the PHSO conducted into the
ICO?

ii) How many of those has the PHSO found to be Upheld (in favour of the
complainant)

iii) How many of those have the PHSO found to be NOT Upheld (in favour of
the ICO) ?’

 

The PHSO holds information on complaints related to the ICO from the
2009/2010 business year. A table containing this information can be found
at attachment C. The PHSO does not hold any data prior to this period.

 

5.‘i) How many Complainants have contacted the PHSO for one reason or
another and are now filed as a "DO NOT ACKNOWLEDGE" case?

ii) Please break this down into categories such as Healthcare Complaints
etc. and annual totals.

Complaints about us: policy and process Why does PHSO need a complaints
procedure?

4.2.32 The decision to apply a new ‘do not acknowledge’ instruction can
only be made by the Ombudsman (PHSO policy requirement). Visualfiles
allows such decisions to be noted and a warning flag will display when the
particular case is opened. Correspondence received on a case that has been
classified as do not acknowledge will be logged and added to Visualfiles
and will have its content considered by the Ombudsman’s Casework
Management Team.’

 

First, I should explain that in very rare circumstances where we are
attempting to draw correspondence with a complainant to a close, the
Ombudsman may decide to apply a ‘do not acknowledge’ instruction to the
case. This means that any further correspondence is not acknowledged. As
you will see from the figures we have provided, this has happened on very
few occasions. I should also add that all of our policies are currently
under review and are subject to change.

 

The PHSO holds information from the 2003/2004 business year on cases where
the decision has been taken to apply the ‘do not acknowledge’ instruction
on a case. A table containing this information can be found at attachment
D.

 

Please note the PHSO is unable to verify the accuracy of the data for the
2003/2004 business year due to a change in data recording systems. As
such, this is a minimum figure for this business year. The PHSO does not
hold any data prior to this period.

 

I hope that this information is helpful.  If you are unhappy with my
decision not to give you all the information you requested, you can ask
for a review by email to: [email address]

 

If you still have concerns after that, you can ask the Information
Commissioner’s Office to look into your case.  Their contact details are
available on their website at: www.ico.org.uk

 

Yours sincerely

 

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [1][email address]

W: [2]www.ombudsman.org.uk

 

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