Senior personnel: the departed, the moved around and the new since 1 April 2017

The request was partially successful.

Dear Parliamentary and Health Service Ombudsman,

1(a) Please provide the names and positions of all senior PHSO personnel* who changed jobs within the organisation between 1 April 2017 and today.
1(b) Please state the former role and new role(s) of each.
1(c) Please state the date each started their new role and, if appropriate, the date they returned to their former role or moved to another role within the organisation.

2(a) Please provide the names of all individuals recruited externally to fill senior PHSO positions between 1 April 2017 and today.
2(b) Please state the position each filled.
2(c) Please state the date each started work.
2(d) If any were offered posts but did not start work please specify.

3(a) Please provide the names and positions of all senior PHSO personnel who stopped working for the organisation between 1 April 2017 and today.
3(b) Please state the last day of work in each case.

If you determine that personal information can not be provided in certain instances please provide anonymised information instead. For example, 'Mr J. Smith' could become '1', 'Ms B Jones' '2' etc.

* There are in total 62 senior personnel according to this response:

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

Yours faithfully,

D Moore

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear D Moore,

We are writing to acknowledge your email dated 17th February.

Your request has been assigned to an officer and they will provide you with a response to your enquiry as soon as possible.

The deadline for issuing you with a response is 16th March.

Yours sincerely,

Freedom Of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
W: www.ombudsman.org.uk

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InformationRights, Parliamentary and Health Service Ombudsman

3 Attachments

Dear D Moore,

 

Request for information under the Freedom of Information Act 2000

 

Further to your email dated 17^th February, in which you request the
disclosure of information under the provisions of the above Act, we are
now in a position to respond.

 

1(a)   Please provide the names and positions of all senior PHSO
personnel* who changed jobs within the organisation between 1 April 2017
and today.  Please see below for details of positions. Job titles have
been provided as disclosure of names into the public domain would be
against the legitimate expectations of those concerned, and thus unfair
and a breach of the first data protection principle as set out at schedule
1 to the Data Protection Act 1998.  Accordingly, such information is
exempt under section 40(2) of the Freedom of Information Act 2000 by
virtue of section 40(3)(a)(i).

 

1(b)  Please state the former role and new role(s) of each. Please see
below

1(c)  Please state the date each started their new role and, if
appropriate, the date they returned to their former role or moved to
another role within the organisation.  Please see below

 

Identifier Start Date End Date Original Job Title New Job Title
Head of Insight and Head of Insight &
F 01/09/2017   Research Public Affairs
Assistant Director -
G 09/10/2017   Operations Manager Assessment
Head of Internal
Head of Internal Communications &
P 01/09/2017   Communications Staff Engagement
Head of Legal
S 01/09/2017   Legal Adviser Services
Interim Head of
Planning & Head of Planning &
T 24/04/2017   Performance Performance
Director of
Director of Governance and Legal
W 12/01/2018   Governance and Legal and Deputy Ombudsman
Head of External Director of
Z 15/09/2017   Communications Communications
Human Resources Interim Assistant
AE 01/08/2017   Manager Director HR
Interim Director of Interim Head of
AN 01/08/2017 31/11/2017 Finance Programme Office
Interim Head of
AN 01/12/2017   Programme Office Director of Finance
Assistant Director
AR 09/10/2017   Director of HR of HR Operations

 

 

2(a)  Please provide the names of all individuals recruited externally to
fill senior PHSO positions between 1 April 2017 and today. Please see
below. Job titles have been provided as disclosure of names into the
public domain would be against the legitimate expectations of those
concerned, and thus unfair and a breach of the first data protection
principle as set out at schedule 1 to the Data Protection Act 1998. 
Accordingly, such information is exempt under section 40(2) of the Freedom
of Information Act 2000 by virtue of section 40(3)(a)(i).

 

2(b)  Please state the position each  filled.  Please see below

2(c) Please state the date each started work. Please see below

2(d)  If any were offered posts but did not start work please specify.
 Information not held

 

Identifier Start Date Change Reason Job Title
A 12/02/2018 Starter Director of Operations and Quality
E 25/09/2017 Starter Interim Head of Information Assurance
K 07/06/2017 Starter Clinical Adviser
N 06/04/2017 Starter Clinical Adviser
Interim Head of Insight and Public
O 04/09/2017 Starter Affairs
U 07/06/2017 Starter Clinical Adviser
V 01/11/2017 Starter Director of HR, People & Talent
W 15/06/2017 Starter Director of Governance & Legal
Y 05/07/2017 Starter Chief of Staff
AA 03/05/2017 Starter Interim Head of Information Assurance
AB 16/10/2017 Starter Head of Programme Office
AD 05/06/2017 Starter Head of Governance
AH 19/02/2018 Starter Chief of Staff
AM 16/10/2017 Starter Clinical Adviser
AO 06/04/2017 Starter Chair and Ombudsman
AP 04/12/2017 Starter Interim Assistant Director HR
AT 03/05/2017 Starter Interim HR Consultant
Interim Director of Operational
AU 26/06/2017 Starter Delivery
AW 04/09/2017 Starter Head of ICT & Accommodation

 

 

3(a)   Please provide the names and positions of all senior PHSO personnel
who stopped working for the organisation between 1 April 2017 and
today. Please see below. Job titles have been provided as disclosure of
names into the public domain would be against the legitimate expectations
of those concerned, and thus unfair and a breach of the first data
protection principle as set out at schedule 1 to the Data Protection Act
1998.  Accordingly, such information is exempt under section 40(2) of the
Freedom of Information Act 2000 by virtue of section 40(3)(a)(i).

 

3(b)  Please state the last day of work in each case. Please see below

 

Identifier End Date Job Title
B 10/08/2017 Chief of Staff
C 28/04/2017 Clinical Adviser
D 09/06/2017 Interim Director of Governance
H 12/11/2017 Interim Assistant Director
I 09/06/2017 Clinical Adviser
J 23/06/2017 Clinical Adviser
L 25/01/2018 Clinical Adviser
M 28/09/2017 Assistant Director of Investigations
Q 24/04/2017 Head of Information Assurance
R 28/04/2017 Project Manager
X 30/09/2017 Head of ICT
AA 27/09/2017 Interim Head of Information Assurance
AC 30/04/2017 Head of Planning & Performance
AE 24/11/2017 Interim Assistant Director HR
AF 30/10/2017 Clinical Adviser
AG 30/11/2017 Head of Finance and Procurement
AI 16/06/2017 Clinical Adviser
AJ 07/11/2017 Clinical Adviser
AK 31/07/2017 Clinical Adviser
AL 08/01/2018 Exec Dir Ops & Investigations & Deputy Ombudsman
AQ 16/06/2017 Head of Digital Communications
AS 31/05/2017 Head of Risk & Assurance
AT 16/11/2017 Interim HR Consultant
AU 22/02/2018 Interim Director of Operational Delivery
AV 31/10/2017 Director of Operational Delivery

 

 

If you determine that personal information can not be provided in certain
instances please provide anonymised information instead.  For example, 'Mr
J. Smith' could become '1', 'Ms B Jones'  '2' etc.

 

 

*  There are in total 62 senior personnel according to this response:

 

[1]https://www.whatdotheyknow.com/request/e...

 

 

We hope that this information is useful. If you believe we have made an
error in the way we have processed your information request, it is open to
you to request an internal review.  You can do this by writing to us by
post or by email to [2][Parliamentary and Health Service Ombudsman request email]. 

 

You will need to specify what the nature of the issue is and we can
consider the matter further. Beyond that, it is open to you to complain to
the Information Commissioner’s Office ([3]www.ico.org.uk).

 

 

Yours sincerely

 

 

 

Freedom Of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

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

 

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Dear Parliamentary and Health Service Ombudsman,

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

I am writing to request an internal review of Parliamentary and Health Service Ombudsman's handling of my FOI request 'Senior personnel: the departed, the moved around and the new since 1 April 2017'.

1. You have provided the names of no senior personnel, as it "would be against the legitimate expectations of those concerned". Whilst I accept that this may be true in certain instances, I do not believe it applies to all senior personnel. For example, are you seriously asserting that the Chair and Ombudsman ('AO') legitimately expects that his name will not be disclosed into the public domain?

2. I am unable to make sense of the information you have provided in responses to:

'1(a) Please provide the names and positions of all senior PHSO personnel* who changed jobs within the organisation between 1 April 2017 and today.
1(b) Please state the former role and new role(s) of each.
1(c) Please state the date each started their new role and, if appropriate, the date they returned to their former role or moved to another role within the organisation. '

Please resend the information in the form of an attachment which I can download and understand.

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

Yours faithfully,

D. Moore

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


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D. Moore left an annotation ()

Despite paying £578,000 to recruitment agencies in respect of work done during 2016/17 :

https://www.whatdotheyknow.com/request/4...

It seems the PHSO is still struggling with recruitment.

Their latest job ad is for an Assistant Director of Finance:

" An exciting new opportunity has arisen at PHSO to join our Finance & Procurement Team based in Manchester. We are hoping to attract an Assistant Director of Finance to provide Operational financial leadership to support effective and efficient decision making across the organisation. "

InformationRights, Parliamentary and Health Service Ombudsman

4 Attachments

Dear D Moore,

 

Thank you for your email of 18^th March.

 

We acknowledge your request for an internal review of the handling of your
request and will provide you with a response as soon as possible.

 

Please find attached a copy of our response as an attachment as requested.

 

Yours sincerely,

 

 

Freedom Of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

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

 

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InformationRights, Parliamentary and Health Service Ombudsman

1 Attachment

Dear D.Moore

 

RE: Your internal review relating to FDN-275076

 

I write in response to your email of 18^th March 2018 where you have
requested an internal review of the PHSOs handling of your FOI request for
‘senior personnel since 1 April 2017’. You stated the following:

 

I am writing to request an internal review of Parliamentary and Health
Service Ombudsman's handling of my FOI request 'Senior personnel: the
departed, the moved around and the new since 1 April 2017'.

 

1. You have provided the names of no senior personnel, as it "would be
against the legitimate expectations of those concerned".  Whilst I accept
that this may be true in certain instances, I do not believe it applies to
all senior personnel.  For example, are you seriously asserting that the
Chair and Ombudsman ('AO') legitimately expects that his name will not be
disclosed into the public domain? 

 

The purpose of an internal review is to assess how your FOI request was
handled in the first instance and to determine whether the original
decision given to you was correct. This is an independent review. I was
not involved in the original decision.

 

I have reassessed your case and after careful consideration I have
concluded that the response sent to you was partially compliant with the
requirements of the Freedom of Information Act. An explanation of my
decision follows.

 

Your original request, dated 17^th February 2018, asked for the following:

 

1(a) Please provide the names and positions of all senior PHSO personnel*
who changed jobs within the organisation between 1 April 2017 and today. 

1(b) Please state the former role and new role(s) of each.

1(c) Please state the date each started their new role and, if
appropriate, the date they returned to their former role or moved to
another role within the organisation. 

 

2(a) Please provide the names of all individuals recruited externally to
fill senior PHSO positions between 1 April 2017 and today.

2(b) Please state the position each filled. 

2(c) Please state the date each started work.

2(d) If any were offered posts but did not start work please specify.

 

3(a) Please provide the names and positions of all senior PHSO personnel
who stopped working for the organisation between 1 April 2017 and today. 

3(b) Please state the last day of work in each case.

 

If you determine that personal information cannot be provided in certain
instances please provide anonymised information instead.  For example, 'Mr
J. Smith' could become '1', 'Ms B Jones'  '2' etc.

 

*  There are in total 62 senior personnel according to this response:

 

[1]https://www.whatdotheyknow.com/request/e...

 

Our response (reference FDN-275076) dated 16^th March 2018 was issued to
you within the statutory time limit prescribed by the Freedom of
Information Act of 20 working days as specified at Section 10(1) of the
Act.

 

In terms of the content of the response issued, which provided:

 

Question 1 a-c, the positions of all senior personnel which had changed
jobs within the organisation between 1^st April 2017 and 17^th February
2018. Also provided were the start date and end date (where appropriate)
along with the original job title and the new job title. Section 40(2) of
the Freedom of Information Act 2000 by virtue of section 40(3)(a)(i) was
applied to the staff names.

 

Question 2 a-c, the job titles of all individuals recruited externally to
fill senior PHSO positions between 1^st April 2017 and 17^th February
2018. Also provided were the start date and the change reason (new
starter). Section 40(2) of the Freedom of Information Act 2000 by virtue
of section 40(3)(a)(i) was applied to the staff names.

 

Question 2 d, the response confirmed this information was not held.

 

Question 3 a-c, the positions of all senior PHSO personnel who stopped
working for the organisation between 1^st April 2017 and 17^th February
2018. This included the end date for each position. Section 40(2) of the
Freedom of Information Act 2000 by virtue of section 40(3)(a)(i) was
applied to the staff names.

 

I am satisfied that Section 1(1) of the Act has been met by confirming
what information is and is not held.

 

However, I consider that the application of section 40(2) by virtue of
section 40(3)(a)(i) was incorrectly applied to withhold all staff names.

 

The Section 40(2) exemption covers the personal data of third parties
where complying with the request would breach any of the principles in the
Data Protection Act.

 

In line with ICO guidance, the FOI Officer did consider the details of the
exemption by explaining what subsection was engaged and why. It was
considered under the first condition as disclosure of staff names
generally would contravene any of the data protection principles (Section
40(3)(a)(i)).

 

However, whilst we must always consider whether the disclosure of such
information is fair and lawful, this exemption is only justified for the
names of staff who work below a certain level of seniority. It does not
carry the same weight for staff working at a more senior level of
authority where there would be a reasonable expectation by those
individuals that their names would be placed in the public domain. This is
based not only on their seniority and accountability but also the
responsibilities of the role and the nature of the information being
requested. 

 

In conclusion I consider the response provided was partially compliant
with the terms of the Freedom of Information Act. Whilst the response was
compliant with Section 1(1) and 10(1) of the Act, the application of
section 40(2) was incorrectly applied to all staff names.

 

Please therefore find attached a revised response where we have disclosed
staff names working at Associate Director (AD) level and above. However,
section 40(2) by virtue of section 40(3)(a)(i) is still applicable to the
remaining staff names.

 

I hope that this response has provided what you require. You have the
right to appeal our decision if you think it is incorrect by submitting a
complaint to the Information Commissioner’s Office ([2]www.ico.org.uk).

 

Yours sincerely

 

Angharad Jackson

Data Protection Officer & Head of Information Assurance

 

 

 

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D. Moore left an annotation ()

ICO contacted on 11 April 2018 because some names were withheld.

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