Unresolvable injustices between NHS, MPs, Small Claims Courts & The Ombudsman?

Parliamentary and Health Service Ombudsman did not have the information requested.

Dear Parliamentary and Health Service Ombudsman,

I refer you to this link;
http://www.aboutsmallclaims.co.uk/making...

"If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies."

I refer to the stages of the complaint system for the Small Claims Court;

Transparency sought in order to ascertain whether the public are victims of maladministration by The Ministry Of Justice and Parliament;

Complaint Procedure - Stage One;
A member of the public loses the support of their solicitor, Barrister and MP following receipt of their medical files, due to the NHS failing to log, protect and record decades of key incidents in a patient's life. The patient's complaints about the false data is referred to but all evidence of the complaints have been edited.

Stage Two
The Parliamentary Health Service Ombudsman fails to investigate and the victim tries to resolve their issues with an N1 form.

Stage Three
But HMCTS block the progression of the victim's N1 form to the Small Claims court due to the lack of clinical evidence, which in turn was the reason why the victim was going to court.

Stage Four;
Frustrated by the inability the victim complains for 9 months about the cycle of injustice against them. Whereupon the victim is then informed that they have to take their complaint about the Small Claims Court ..... to The Parliamentary Health Service Ombudsman.

Thank you; here are my questions in respect of the above outline of Complaints Protocols.

A) is there data to confirm whether Parliament, The Ministry of Justice or The Parliamentary Health Service Ombudsman progressed a review of this complaints procedure since 2012?

B) At what stage of their training are the Review Team given guidance on the outcomes for a person who has "run out of time" after they have fully complied with every stage of the Public Sector complaints procedure?

C) When members of the public have presented their concerns about the cycle of injustice; how and who at the PHSO has stored that data for review with the relevant authorities? For example, Parliament or the Law Commission?

D) When members of PHSO staff instruct aggrieved victims that they will have to take their case to judicial review; are the PHSO staff made fully aware that if the complainant may have to return back to the PHSO after failing to progress justice in the Small Claims Court?

I ask this because I have yet to witness this process outlined in your training manuals?

Yours faithfully,

Fiona Watts
FionaWatts@magnacarta300

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.

Brenda Prentice left an annotation ()

Where there are clear problems with the justice system, perhaps we should also ask Mr Grove, the new minister of Justice, to look at it?

Perhaps he might also like to take a look at why his department can't progress a proper JR review.

He might like to take this forward with Parliament?

Fiona Watts left an annotation ()

Yes Brenda, I think it has come to that.

If someone has engaged in EVERY public sector complaints protocol since 2009 & encounters maladministration and cover up across public sector agencies - one would hope that the law would prevail.

DOES A FAILED CITIZEN REALLY HAVE TO TAKE A JUDGE & AN OMBUDSMAN TO COURT UNDER MIPO? ... just because they asked to view their medical files in March 2009?

The UK public sector behaves like a serfdom.

FionaWatts@magnacarta300
 #MIPO_phso

Brenda Prentice left an annotation ()

And we tut at other countries collusion and corruption issues! Time we put our own house in order.

I think Mr Gove should be informed of how his department is view by PHSO. Not important, we do as we think fit, whatever that is and if Justice Dept you don't like it, what are you going to do about?

D. Speers left an annotation ()

Well said!!

foiofficer, Parliamentary and Health Service Ombudsman

6 Attachments

Dear Miss Watts

 

Your information request: FDN-252537

 

I write in response to your email of 24 March 2016 in which you requested
information held by the Parliamentary and Health Service Ombudsman (PHSO)
in relation to ‘making a complaint about the Small Claims Court’.

 

I have considered your request in accordance with section 1 of the Freedom
of Information Act 2000 (FOIA) and have responded to each of your
questions below.

 

A) Is there data to confirm whether Parliament, The Ministry of Justice or
The Parliamentary Health Service Ombudsman progressed a review of this
complaints procedure since 2012?

 

We do not hold information falling with the scope of your request.

 

B) At what stage of their training are the Review Team given guidance on
the outcomes for a person who has "run out of time" after they have fully
complied with every stage of the Public Sector complaints procedure?

 

I have interpreted your request as relating to the ‘time bars’ at section
6(3) of the Parliamentary Commissioner Act 1967 and sections 9(1) and
9(4)-(4B) of the Health Service Commissioners Act 1993.

 

Members of the Corporate Casework Team (previously the Review Team)
receive the same training as the Ombudsman’s Caseworkers and
Investigators. This includes training on how to interpret the legislation
which governs the Ombudsman’s work.  

 

The Corporate Casework Team uses the attached Review Guidance and also
refers to the attached legal briefing note on Time bars, as do the
Ombudsman’s Caseworkers and Investigators.

 

C) When members of the public have presented their concerns about the
cycle of injustice; how and who at the PHSO has stored that data for
review with the relevant authorities? For example, Parliament or the Law
Commission?

 

The PHSO do not ‘store data for review with the relevant authorities … for
example, Parliament or the Law Commission’ in relation to the specific
facts you mention. We therefore do not hold information falling within the
scope of your request.

 

Information about how we obtain, hold, use and disclose information
relating to individuals is available on our [1]website.

 

D) When members of PHSO staff instruct aggrieved victims that they will
have to take their case to judicial review; are the PHSO staff made fully
aware that if the complainant may have to return back to the PHSO after
failing to progress justice in the Small Claims Court?

 

We do not hold information falling within the scope of your request. That
is, PHSO staff members are not made specifically aware about complainants
who have ‘failed to progress justice in the Small Claims Court’.

 

To be helpful, I can explain that PHSO operational staff are provided with
training and guidance on the application of the law that governs the
Ombudsman’s work. This includes training and guidance on ‘alternative
legal remedy’ (ALR). Please find attached the legal briefing note on ALR
which covers the situation in which a complainant has approached the PHSO
after having used an alternative remedy.

 

If you are unhappy with the outcome of this request you can ask for an
internal review by emailing [2][email address].

 

Yours sincerely

 

Philippa Curran

Legal Assistant

Parliamentary and Health Service Ombudsman

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

 

Follow us on

[4]fb  [5]twitter  [6]linkedin

 

From: Fiona Watts [mailto:[FOI #324633 email]]
Sent: 24 March 2016 21:31
To: foiofficer
Subject: Freedom of Information request - Unresolvable injustices between
NHS, MPs, Small Claims Courts & The Ombudsman?

 

Dear Parliamentary and Health Service Ombudsman,

I refer you to this link;
[7]http://www.aboutsmallclaims.co.uk/making...

"If you are still unhappy with the way your complaint has been handled
within the courts service, you can ask the Parliamentary and Health
Service Ombudsman to look at your case. However this is not something that
you can do personally. You have to approach your local MP to do this on
your behalf. The Ombudsmans job is to investigate accusations that
individuals have been treated poorly by government agencies, departments
or other public bodies. As such, the Ombudsman is completely independent
of the government and other public agencies."

I refer to the stages of the complaint system for the Small Claims Court;

Transparency sought in order to ascertain whether the public are victims
of maladministration by The Ministry Of Justice and Parliament;

Complaint Procedure - Stage One;
A member of the public loses the support of their solicitor, Barrister and
MP following receipt of their medical files, due to the NHS failing to
log, protect and record decades of key incidents in a patient's life. The
patient's complaints about the false data is referred to but all evidence
of the complaints have been edited.

Stage Two
The Parliamentary Health Service Ombudsman fails to investigate and the
victim tries to resolve their issues with an N1 form.

Stage Three
But HMCTS block the progression of the victim's N1 form to the Small
Claims court due to the lack of clinical evidence, which in turn was the
reason why the victim was going to court.

Stage Four;
Frustrated by the inability the victim complains for 9 months about the
cycle of injustice against them. Whereupon the victim is then informed
that they have to take their complaint about the Small Claims Court .....
to The Parliamentary Health Service Ombudsman.

Thank you; here are my questions in respect of the above outline of
Complaints Protocols.

A) is there data to confirm whether Parliament, The Ministry of Justice or
The Parliamentary Health Service Ombudsman progressed a review of this
complaints procedure since 2012?

B) At what stage of their training are the Review Team given guidance on
the outcomes for a person who has "run out of time" after they have fully
complied with every stage of the Public Sector complaints procedure?

C) When members of the public have presented their concerns about the
cycle of injustice; how and who at the PHSO has stored that data for
review with the relevant authorities? For example, Parliament or the Law
Commission?

D) When members of PHSO staff instruct aggrieved victims that they will
have to take their case to judicial review; are the PHSO staff made fully
aware that if the complainant may have to return back to the PHSO after
failing to progress justice in the Small Claims Court?

I ask this because I have yet to witness this process outlined in your
training manuals?

Yours faithfully,

Fiona Watts
FionaWatts@magnacarta300

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Fiona Watts left an annotation ()

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