Small Claims court action in respect of The Data Protection Act.

The request was partially successful.

Dear Parliamentary and Health Service Ombudsman,

Since the formation of The Parliamentary Health Service Ombudsman (PHSO) , how many times has this organisation been threatened with legal action in respect of the failure of a PHSO "Investigator" or "Review Panel" to respect and adhere to the eight principles of The Data Protection Act?

Please provide the months and the year this action was suggested by victims of the PHSO's failure to adhere to UK data legislation and please provide the dates that the legal action started against the PHSO?

If legal action was pursued using the Small Claims route, then how many of the legal actions in respect of The Data Protection Act was successful?

Since 2012 how many times has the PHSO been informed that victims of NHS healthcare feel that changes in legal aid mean that this is one of the few options left for them to confirm factually correct data and the possible redemption for the trauma that the complaints process has caused them?

This request was made under The Freedom of Information Act 2000.

An evasive answer will not be acceptable and I must warn you that the failure to provide a succinct and truthful response on this webpage may lead to legal action.
Yours faithfully,

R. Davies

CC: http://phsothefacts.com/
http://www.davidruffleymp.com/contact

foiofficer, 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.

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Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
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foiofficer, Parliamentary and Health Service Ombudsman

Dear R Davies

 

Your information request – our reference: FDN-198277

 

I write in response to your Freedom of Information request dated 6 August
2014 in which you asked:

 

1. Since the formation of The Parliamentary Health Service Ombudsman
(PHSO), how many times has this organisation been threatened with legal
action in respect of the failure of a PHSO "Investigator" or "Review
Panel" to respect and adhere to the eight principles of The Data
Protection Act?

2. Please provide the months and the year this action was suggested by
victims of the PHSO's failure to adhere to UK data legislation and please
provide the dates that the legal action started against the PHSO?

3. If legal action was pursued using the Small Claims route, then how many
of the legal actions in respect of The Data Protection Act was successful?

4. Since 2012 how many times has the PHSO been informed that victims of
NHS healthcare feel that changes in legal aid mean that this is one of the
few options left for them to confirm factually correct data and the
possible redemption for the trauma that the complaints process has caused
them?

Regarding questions 1-3, I can confirm we hold a record for 1 case in
October 2006, for which there was no subsequent small claims court
application. With regard to legal action through the small claims court,
there have been no such cases.

 

In relation to question 4, unfortunately to determine whether we hold the
information you have requested would require us to analyse every complaint
file we hold. To do so, we have estimated it would exceed the ‘appropriate
limit’ set out in the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004.

 

Section 12 of the Freedom of Information Act 2000 (FOIA) provides an
exemption from the obligation to comply with a request for information
where the cost of compliance is estimated to exceed the appropriate limit
(£450 or 18 hours at £25/hour). Accordingly, due to the length of time it
would take to look to every complaint case we hold, I am unable to provide
you with the information you have requested.

 

I hope that the information provided is helpful. If you are dissatisfied
with the outcome of your request, you can ask for a review by emailing the
Review Team at: [1][email address]

 

Beyond that, if you remain dissatisfied, you can ask the Information
Commissioner to look into your concerns. He can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Website: [2]www.ico.org.uk

 

Helpline telephone number: 0303 123 1113

 

Yours sincerely

 

 

 

FOI/DP Officer

Parliamentary and Health Service Ombudsman

 

 

 

 

 

 

 

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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

References

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

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 'Small Claims court action in respect of The Data Protection Act.'.

In light of The Parliamentary Health Service Ombudsman's remit, why is this public body not keeping a record of that data and sharing it?

A basic Internet search demonstrates that the PHSO is subject to a number of legal actions from grieved members of the public.

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,

R. Davies

foiofficer, 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

Complaintsphso, Parliamentary and Health Service Ombudsman

Dear R Davies

 

We are writing in response to your email of 2 November 2014. We are sorry
that you are dissatisfied with our handling of your information request
entitled ‘Small Claims court action in respect of the Data Protection
Act’.

 

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.

 

Yours sincerely

 

Review Team

Parliamentary and Health Service Ombudsman

 

From: R. Davies [mailto:[FOI #223665 email]]
Sent: 02 November 2014 13:36
To: foiofficer
Subject: Internal review of Freedom of Information request - Small Claims
court action in respect of The Data Protection Act.

 

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 'Small Claims court action
in respect of The Data Protection Act.'.

In light of The Parliamentary Health Service Ombudsman's remit, why is
this public body not keeping a record of that data and sharing it?

A basic Internet search demonstrates that the PHSO is subject to a number
of legal actions from grieved members of the public.

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

Yours faithfully,

R. Davies

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #223665 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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Mr. A.Tester left an annotation ()

Your reference: FDN-198277

You advise R Davis to go to The Information Commission, when you know (to quote a member of a Pressure Group" they're "as useful as a chocolate teapot".

Brown Steve, Parliamentary and Health Service Ombudsman

4 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

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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. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/
2. http://www.facebook.com/phsombudsman
3. http://www.twitter.com/PHSOmbudsman
4. http://www.linkedin.com/company/parliame...