Response to DE - 1112218 and extra information

Boris Campbell made this Freedom of Information request to Department of Health and Social Care

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Department of Health,
Reference DE-1112218
Dear Mr Jones
In your reply dated 22nd January 2018, to my request you state that I should not reply via this website, but use your ‘Contact Us’ page on the GOV.UK website.
However, there is a problem with this page. The Freedom of Information Act 2000 states in section
“ 8-(2): For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request-
(a) Is transmitted by electronic means,
(b) Is received in legible form, and
(c) Is capable of being used for subsequent reference.”
As your page is used for ‘normal’ enquiries, as well as FOI Requests, it is at odds with the above provision.
Soon as the correspondent completes his enquiry of any kind, and hits the ‘Send’ key, the message is irretrievably lost. Neither the sender and his system nor his email provider have a copy of the sent message.
The message ONLY exists on the Department of Health server, as the message was NOT sent as standard, traditional email, where the sender gets an automatic copy of the sent message in his ‘Sent’ folder.
Therefore, the sender DOES NOT have a copy which could be used for subsequent reference. In fact, he has NOTHING AT ALL.
Your ‘Contact Us’ page does NOT comply with the FOI.
Due to the above, I am repeating my reply dated 22nd January 2018, because I will have a copy of my reply. Also, all of those who visit this website, will be able to follow the enquiry and comment on it.
Reference DE-1112218
Dear Mr Jones
In your reply dated 22nd January 2018, to my request you state that:
“If they are unhappy with the result of their complaint they can ask the Local
Government and Social Care Ombudsman (LGSCO) to investigate.”
The purpose of my question was to find out which legislation empowers the LGSCO to investigate complaints about Council arranged, provided or funded adult social care?
I should be obliged if you could provide me with clear references to the relevant legislation that entitles the LGSCO to do so. I would prefer a written reply, rather than a phone call.
Yours sincerely
Boris Campbell
22nd January 2018

Yours faithfully,

Boris Campbell