Dear Parliamentary and Health Service Ombudsman,

PHSO November Board meeting

'Item 11
Executive to report in quarterly performance reports and build into financial risk assessment the meeting of controls for total expenditure for cash, capital, resources and Aimee'.

1. Are these quarterly performance reports available?

2. Could you please explain the term 'Aimee' ?

Yours faithfully,

Jt Oakley

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


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Dear Parliamentary and Health Service Ombudsman,

Just to make my request clear, this request follows on from:

https://www.whatdotheyknow.com/request/2...

In which you have published the quarterly reports to the Board.

I am asking for an update on the reports already supplied - to the present date.

Yours faithfully,

Jt Oakley

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


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

D. Speers left an annotation ()

Excellent FOI Jt Oakley and will await the outcome with interest!

Jt Oakley left an annotation ()

You will recall the last quarterly reports Dee...

When it was made public that the FOIA team had to run answers to requests past the external affairs team to prevent reputational damage.

....And there was me thinking the FOIA required organisations to be open and transparent by providing what was on record, rather than replacing it with public relations puffs.

The PHSO seemed also seemed to be scandalised that phsothefacts could even be mentioned in the WDTK site...and complained about it.

And even complained that the public were allowed to make annotations in the site. ...A shocking display of ingratitude for the work it has taken the FOIA team in passing WDTK requests for approval to the PR team.

....4,2.6 page 33 and onwards

https://www.whatdotheyknow.com/request/2...

Such is the PHSO's idea of democracy - control, control, control.

And if the PR team can't edit and control the file Foia responses because they would give ' reputational damage', complain about the requesters being allowed to make annotations on WDTK , conjure up some spurious evidence against them ....and force them into court.

NB: Fortunately the court tends to see through the 'reputational defence' of this ill-conceived, somewhat spiteful and undemocratic tactic.

http://www.informationtribunal.gov.uk/DB...

Fiona Watts left an annotation ()

Here we go again!

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

  • Attachment

    2015 02 06 PHSO Board item 08 Finance Report against Budget Final....pdf

    462K Download View as HTML

Dear Ms [first name redacted] Oakley

 

Your information request FDN-222048

 

I am writing further to your email of 3 May 2015, in which you asked about
any quarterly finance performance reports that had been produced following
on from the PHSO Board meeting of November 2014.

 

Please find attached the first and only quarterly report, as considered at
the February 2015 Board meeting.

 

The word ‘Aimee’ is a typographical error in the Board minutes, which
should have read ‘AME’ (Annual Managed Expenditure).  I am sorry for any
confusion this may have caused.

 

Yours sincerely

 

Aimee Gasston

Freedom of Information / Data Protection Officer

Parliamentary and Health Service Ombudsman

W: [1]www.ombudsman.org.uk

 

Please email the FOI/DP team at: [2][email address]

 

 

From: Jt Oakley [mailto:[FOI #266544 email]]
Sent: 03 May 2015 10:53
To: foiofficer
Subject: Freedom of Information request - Quarterly performance reports

 

Dear Parliamentary and Health Service Ombudsman,

PHSO November Board meeting

'Item 11
Executive to report in quarterly performance reports and build into
financial risk assessment the meeting of controls for total expenditure
for cash, capital, resources and Aimee'.

1. Are these quarterly performance reports available?

2. Could you please explain the term 'Aimee' ?

Yours faithfully,

Jt Oakley

-------------------------------------------------------------------

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show quoted sections

Thank you but the request was clarified to include the reports that followed in from the last ones provided in answer to this request.

That would mean the quarterly reports in this previous request updated,

Dear Parliamentary and Health Service Ombudsman,

Just to make my request clear, this request follows on from:

https://www.whatdotheyknow.com/request/2...

In which you have published the quarterly reports to the Board.

I am asking for an update on the reports already supplied - to the
present date.

Yours faithfully,

Jt Oakley

Link to this

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


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Jt Oakley left an annotation ()

The principal areas of additional discretionary spend are expected to be Associate Caseworkers and external reviewers...

Well that looks hopeful.

Perhaps the service will improve.

++Feedbackaboutus@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

Dear Ms [first name redacted] Oakley

 

We are writing in response to your email of 02 June 2015.

 

We are sorry that you are dissatisfied with our handling of your
information request regarding quarterly performance reports.

 

Under our internal complaints procedure, your complaint has been passed to
our Head of Risk, Assurance and Programme Management Office, Mr Steve
Brown.

 

Mr Brown will consider your concerns and will send you a full reply once
his review is complete. This review of your complaint is the only review
that we will undertake.

 

We aim to reply to such complaints within 40 working days.

 

Kind regards

 

 

Customer Care Team

 

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All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

Dear ++[email address],

Thank you.

For the avoidance of doubt, I trust that you will be passing the clarification to Mr Brown, so that he can read the entire thread.

Yours sincerely,

Jt Oakley

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


Thank you for contacting the Customer Care team at the Parliamentary and Health Service Ombudsman.
I can confirm we have received your e-mail and a member of our Customer Care Team will be in touch with you shortly.

Kind regards

Customer Care Team

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All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Dear Parliamentary and Health Service Ombudsman,

For information :

A reminder that I am still waiting for a response to this request on the quarterly performance reports.

That would include those from the FOIA department, executive board and leadership team ....and follows on from the same request I made last year. The response was given on July 9.

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

I hope this will be of help to you.

Yours faithfully,

Jt Oakley

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


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

foiofficer, Parliamentary and Health Service Ombudsman

Dear Ms [first name redacted] Oakley

 

Thank you for your email of 30 June 2015 in which you requested
information regarding quarterly performance reports.

 

Before I continue processing your request, can you please confirm that
your request is for the same information you previously requested (in
information request FDN-195280).  To be clear, in that request you asked
for sight of quarterly and monthly corporate reports produced by the
FOI/DP Team and Review Team for the Executive Board and Leadership Team,
for the past two years.

 

Regards

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [1][email address]

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

 

 

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

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Dear foiofficer,

I'm sorry ....but I do not have your filing system.

All my WDTK requests have titles. Not numbers.

And those are the references I go by, since the request starts with that titled reference.

.....What you may add subsequently is your own internal reference.

:::

However, I require the files that you mention.

Yours sincerely,

Jt Oakley

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


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Brown Steve, Parliamentary and Health Service Ombudsman

5 Attachments

 

 

Steve Brown

Head of Risk and Assurance

Parliamentary and Health Service Ombudsman

E: [email address]

W: [1]www.ombudsman.org.uk

 

Follow us on

[2]fb  [3]twitter  [4]linkedin

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

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http://www.ombudsman.org.uk/
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4. http://www.linkedin.com/company/parliame...

Dear Brown Steve,

Thank you - but this is just the Quarterly Finance Report.

I do not know if the PHSO gets the reference titles of requests, as there seems to be some confusion as the PHSO consistently does not apply itself to context and guidance of the titles of requests ....therefore I would assume that the FOIA team does not get to read them.

Out of simple courtesy - and for clarity - It would help if you could quote my reference - which is always the title...instead if just using your file numbers.

The title of this request ( and my reference) was..and is:

Quarterly Performance Reports

( This is plural... and not just a singular report).

The finance one was given as an example.

If I had wanted the Quarterly Finance Report/s alone, i would have entitled the request so.

::::

Indeed the clarification on this request seems to have been totally overlooked.

:::::

Here is the request clarification again:

Dear Parliamentary and Health Service Ombudsman,

Just to make my request clear, this request follows on from:

https://www.whatdotheyknow.com/request/2...

In which you have published the quarterly reports to the Board.

I am asking for an update on the reports already supplied - to the
present date.

Yours faithfully,

Jt Oakley

NB ....The FOI/DP Team (in conjunction with the Information and Records Management Team) and the Review Team provide quarterly reports on their work to the Executive Board and Directors. Since February 2014, the Review Team has produced a monthly handling lesson report, which has replaced the quarterly report and is also shared with PHSO’s Executive Board and Directors (including the Legal Adviser). These reports outline the themes and trends arising from each team’s work, provide information about performance, and any other feedback relevant to PHSO more widely.

If you would like to make a request for copies of corporate reports made by the Review Team and/or the FOI/DP Team, please let us know. It would be helpful if you could define your request as clearly as possible, and provide us with details of the type of report, the team and date ranges in which you are particularly interested.

Perhaps you could also confirm that you received the clarification via the WDTK site, as seemingly clarifications are being ignored too.

::::

Please therefore supply the Quarterly Performance Reports , on the same principle as my previous request for the Quarterly reports.

ie Those from the:

1. FOIA department

2. The Section which was previously called the Review Team.

If there is still any confusion about this request - please let me know and I will attempt to provide another clarification of the request, since I may not know what the Review team/ process is now called.

Yours sincerely,

Jt Oakley

Jt Oakley left an annotation ()

An end of year a surplus of £183k?

Perhaps it could be spent on chasing critical medical files which are 'missing' from NHS Trust responses to complaints - So that complaints are bound to fail... and the PHSO can happily stamp 'Case Closed - Target Reached' on them.

D. Speers left an annotation ()

Many a true word Jt, thanks for this request!

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

 

Dear Ms [first name redacted] Oakley

 

Thank you for your email of 30 June 2015 in which you requested
information relating to quarterly performance reports.  On 21 July 2015 I
wrote to you to clarify the terms of your request, and on the same day you
helpfully confirmed that you were seeking the following:

 

“quarterly and monthly corporate reports produced by the FOI/DP Team and
Review Team for the Executive Board and Leadership Team, for the past two
years.”

 

Firstly, I should point out that in a previous request (FDN-195280) you
have requested identical information for an overlapping period.  As I know
you do not retain records of the reference numbers we apply to your
request, you can find our response to that request at
[1]https://www.whatdotheyknow.com/request/r....
In line with section 14 (2) of the Freedom of Information Act 2000 (FOIA)
I have not further considered the part of your request relating to June
2013 – June 2014.

 

I can confirm however, that we hold 12 documents relevant to the remaining
terms of this request (i.e. June 2014 – June 2015).  You can find a copy
of all of these documents attached (due to the size of the attachments
this will come in two emails).  Please note that reports for the Review
Team have not been produced since September 2014, around the same time as
that team being restructured.  Further, some material containing the
personal information of third parties has been removed in accordance with
section 40 (2) of the FOIA. 

 

If you have any further queries or would like to ask for a review of my
decision you can write to [2][email address].

 

Regards

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [3][email address]

W: [4]www.ombudsman.org.uk

 

 

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. https://www.whatdotheyknow.com/request/r...
2. mailto:[email address]
3. mailto:[email address]
4. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

Dear Ms [first name redacted] Oakley

 

Please find the second document attached.

 

Regards

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [1][email address]

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

 

 

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

Dear foiofficer,

Thank you.

Yours sincerely,

Jt Oakley

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


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Jt Oakley left an annotation ()

The is a part in this quarterly report about the Tribunal judgement., in which the PHSO FOIA department was criticised.

The judge's comments on the failure of the PHSO 'to respond more comprehensively, effectively, efficiently or adequately' have been omitted.

:::

Despite inviting the PHSO to take part - and become joined to the case - so that I could question a FOIA employee about the inconsistencies in its evidence given to the ICO, it declined on the basis that the ICO would take 'the hit' if I won.

And win it I did....simply because of the inaccuracies that the PHSO had fed to the ICO.

In addition, the ICO caseworker was stopped by the PHSO from investigating my statement being told that 'it was out of her remit' to investigate the PHSO's complaint process to se if what I was stating was true.

The ICO lawyer could do nothing if the facts were not consistent with the evidence given to it by the PHSO.

NB The appellant is me.

The Tribunal judge stated:

Reasons

We do not accept that it was designed to cause disruption and annoyance to staff at the PHSO and while we accept it may well have done so we are convinced beyond doubt about the bona fide design behind the request, which arose out of frustration pursuant to her dealings with the PHSO in getting answers to important and genuine issues she required assistance with.

Again we do not accept that the appellant used her request as a means to vent anger at any particular decision or to harass and annoy the public authority.

We have considered carefully you respond to this suggestion in her Grounds of Appeal and the detailed evidence before us and I'll satisfied there were reasonable grounds for her request and there was reason to be dissatisfied with the service she was being given by the public authority

Having considered the evidence and on hearing the Appellant on what were clearly had genuine concerns, we find that the backdrop of other correspondence and complaints only exacerbated her grounds for concerns and the frustration she felt in all the circumstances of the case.

The Appellant clearly was not getting satisfaction nor the meaningful response she deserved.

This Tribunal reminds itself that every is the duty on Public Authorities to assist members of the public in formulating and processing their requests.

On hearing the appellant on the facts of this case we are all the view that more could have been done to assist the processing of this request.

That this was a request with a genuine purpose was acknowledged by the Respondent but this Tribunal adds that the Appellant has satisfied that the need for her persistence, in its various forms as it transpired on the facts is justified by the failure of the Public Authority to respond more comprehensively, effectively, efficiently or adequately.

This is despite the assertion that the value of this particular request maybe or even might be regarded as limited. We have no doubt ( and it seems to be common case) that the motive for the Appellant's request is to generally seek information that would enable her to contact the relevant person, in order to challenge the Review team's decision as they were not answering complaints.

That is what the case is all about.

This failure to act properly or adequately respond to this request led to confusion and frustration and a breakdown in communications such that the Appellant did not seek or deserve.

We are of the view that it is wrong to suggest that she deliberately sought to all set out to harass or distress the public authorities staff and on hearing the Appellant at length we find on balance this case has not been established.

We note that the Respondent also accepts to a degree these findings of fact but decided that the effect of the request was such to cause harassment or distress.

We do not accept this as proven on balance on the papers and have heard no evidence in support of these assertions.

Further if there were any perceived harassment or such distress then the burden for such, in our considered view, cannot be placed entirely on the Applicant or her request.

.....

We are satisfied that a more constructive and helpful response from the public authority would have averted the resulting persistence that evolved through the Appellant by a failure to provide appropriate assistance and answers in an unnecessarily long and drawn out process of dealing with the Appellant.

The evidence of impact of any burden on the authority is not, in our view, a burden which should be placed solely on the Appellant,on the facts of the case.

As can be seen from our deliberation above, this was an unfortunate case of poor communication that led to persistent conduct by the Appellant which bordered on the oppressive( sic) obsessive but did not in our view on a holistic and broad view of the facts of this particular case become either oppressive (sic) obsessive or vexatious.

Accordingly we allow the Appeal and reverse the finding of the DN under Appeal.

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