Statutory responsibility of the Ombudsman

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Nicholas Wheatley

Dear Parliamentary and Health Service Ombudsman,

1. The Governance Statement on the PHSO website states that the Ombudsman has "statutory responsibility for final decisions on individual cases under our delegation scheme". Would you explain what this means and which clauses of which laws creates this statutory responsibility.

2. The Governance Statement within the Annual Report 2016-2017 states that the Ombudsman has "statutory responsibility for individual cases". Would you explain what this means and which clauses of which laws create this statutory responsibility if different from the clauses in question 1.

3. Will the PHSO be producing a complainant feedback survey for 2016-2017 or do the new quarterly service charter statistics mean that the complainant feedback survey will no longer be produced?

Yours faithfully,

Nicholas Wheatley

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Wheatley,

 

Re: FDN-274764

 

Thank you for your email of 23 August 2017 to the Parliamentary and Health
Service Ombudsman (PHSO) where you requested the following information.

 

1. The Governance Statement on the PHSO website states that the Ombudsman
has "statutory responsibility for final decisions on individual cases
under our delegation scheme". Would you explain what this means and which
clauses of which laws creates this statutory responsibility.

 

2. The Governance Statement within the Annual Report 2016-2017 states that
the Ombudsman has "statutory responsibility for individual cases". Would
you explain what this means and which clauses of which laws create this
statutory responsibility if different from the clauses in question 1.

 

3. Will the PHSO be producing a complainant feedback survey for 2016-2017
or do the new quarterly service charter statistics mean that the
complainant feedback survey will no longer be produced?

 

Your request has been considered under the provisions of the Freedom of
Information Act 2000 (FOIA). Please see our response below.

 

 

1. The Governance Statement on the PHSO website states that the Ombudsman
has "statutory responsibility for final decisions on individual cases
under our delegation scheme". Would you explain what this means and which
clauses of which laws creates this statutory responsibility.

 

The 1967 Act and 1993 Act give the decision-making powers to the
individual who holds the post of ‘Commissioner’. So, the ‘Commissioner’
(Ombudsman) is the person responsible, under law, for the decisions made.
There is not one single reference point for this in the legislation, but
it is featured throughout, because the law talks about the commissioner
taking the actions or making the decisions (not his office or his staff).
So, for example, Section 5(1) of the 1967 Act says, ‘the Commissioner may
investigate any action taken by or on behalf of a government department or
other authority to which this Act applies’.

 

2. The Governance Statement within the Annual Report 2016-2017 states that
the Ombudsman has "statutory responsibility for individual cases". Would
you explain what this means and which clauses of which laws create this
statutory responsibility if different from the clauses in question 1.

 

The law allows the Ombudsman to authorise his ‘officers’ (staff) to carry
out his functions (Section 3(2) of the 1967 Act and Schedule 1, Para 12 of
the 1993 Act). The Delegation Scheme is our document which explains how
the Ombudsman authorises his staff to carry out casework actions and
decisions.

 

In summary, it is the law that gives the statutory responsibility for
decisions to the Ombudsman himself. It is the Delegation Scheme which
explains how staff are authorised by the Ombudsman to carry out casework
actions and decisions.

 

3. Will the PHSO be producing a complainant feedback survey for 2016-2017
or do the new quarterly service charter statistics mean that the
complainant feedback survey will no longer be produced?

 

Our new Charter reporting service is now based in quarterly terms, with an
annual appraisal being housed in the Annual Report. 

 

If you believe I have made an error in the way I have processed your
information request, it is open to you to request an internal review.  You
can do this by sending an email to
[1][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 ([2]www.ico.org.uk).

 

Yours sincerely

 

 

 

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [3]www.ombudsman.org.uk

 

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References

Visible links
1. mailto:[Parliamentary and Health Service Ombudsman request email]
2. http://www.ico.org.uk/
3. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

Dear InformationRights, Parliamentary and Health Service Ombudsman

Question 3. Would you kindly clarify your response.
a) Will there be published a Complainant Feedback Survey along the lines of the 2015-2016 report?
b) Will complainant feedback details will now be limited to publishing the quarterly and annual service charter commitment statistics?
c) Will complainant feedback details be published in any other form?

Yours sincerely,

Nicholas Wheatley

Informationrights@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.

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

InformationRights, Parliamentary and Health Service Ombudsman

Dear Mr Wheatley,

 

Re: FDN-274798

 

Thank you for your email of 16 September 2017 to the Parliamentary and
Health Service Ombudsman (PHSO) where you requested the following
information.

 

Question 3.  Would you kindly clarify your response. 

a) Will there be published a Complainant Feedback Survey along the lines
of the 2015-2016 report?

b) Will complainant feedback details will now be limited to publishing the
quarterly and annual service charter commitment statistics?

c) Will complainant feedback details be published in any other form?

 

 

Your request has been considered under the provisions of the Freedom of
Information Act 2000 (FOIA). Please see our response below.

 

 

Question 3.  Would you kindly clarify your response. 

 

a) Will there be published a Complainant Feedback Survey along the lines
of the 2015-2016 report?

 

No, there are no plans to publish a Complainant Feedback Survey along the
lines of the 2015-2016 report.  Our new Charter reporting service is now
based in quarterly terms, with an annual appraisal being housed in the
Annual Report. 

 

b) Will complainant feedback details will now be limited to publishing the
quarterly and annual service charter commitment statistics?

 

Yes.

 

c) Will complainant feedback details be published in any other form?

 

There are currently no plans to print complainant feedback details in any
other form.

 

If you believe I have made an error in the way I have processed your
information request, it is open to you to request an internal review.  You
can do this by sending an email to
[1][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 ([2]www.ico.org.uk).

 

Yours sincerely

 

 

 

 

Freedom of Information/Data Protection Team

Parliamentary and Health Service Ombudsman

W: [3]www.ombudsman.org.uk

 

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

References

Visible links
1. mailto:[Parliamentary and Health Service Ombudsman request email]
2. http://www.ico.org.uk/
3. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

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