Uphold rates and keeping the public authority sweet

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Dear Parliamentary and Health Service Ombudsman,

Please would you let me know the number of complaints made to the PHSO since January 1 2012. How many of these complaints were upheld in full? How many of these complaints that were upheld in full were upheld in spite of the public body's objections to the findings made?

Also, what guidance is given to investigators regarding the procedure to be adopted where the public body disagrees with a draft report? In what circumstances does the Parliamentary and Health Service Ombudsman uphold a complaint where the public body has disagreed with its findings?

For the sake of clarity, the context of my request is information I have received that the PHSO will not uphold a complaint if the public body objects to this.

Yours faithfully,

J Kumar

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


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InformationRights, Parliamentary and Health Service Ombudsman

Dear J Kumar,

 

Thank you for your email of 5^th October 2017 requesting information under
the Freedom of Information Act 2000 (FOIA) held by the Parliamentary and
Health Service Ombudsman (PHSO).  Your exact request was:

 

“Please would you let me know the number of complaints made to the PHSO
since January 1 2012. How many of these complaints were upheld in full?
How many of these complaints that were upheld in full were upheld in spite
of the public body's objections to the findings made?

 

Also, what guidance is given to investigators regarding the procedure to
be adopted where the public body disagrees with a draft report? In what
circumstances does the Parliamentary and Health Service Ombudsman uphold a
complaint where the public body has disagreed with its findings?

 

For the sake of clarity, the context of my request is information I have
received that the PHSO will not uphold a complaint if the public body
objects to this.”

 

The information you have requested is already available in the public
domain, in published form, and we are not obliged ([1]under section 21 of
the FOIA) to provide this, but would refer you instead to the published
source.  Information regarding number of complaints made to the PHSO since
1 January 2012 and a breakdown of this information can be found in our
Annual Report on the PHSO’s website at:
[2]https://www.ombudsman.org.uk/sites/defau...
I draw your attention to pages 6 -11.  We do not hold information relating
to complaints that were upheld in full where the public body objected to
our findings.

 

Our Service Model Policy and Guidance: main guidance Version 8.0 provides
investigators with procedures to adopt when a public body disagrees with
either our draft report or our final report.  I draw your attention to
pages 101-106 and paragraphs 7.54, 7.55, 8.33-8.37.

[3]https://www.ombudsman.org.uk/sites/defau...

We do not let organisations dictate or influence our decisions. 
Accordingly, we do not hold guidance for investigators that states PHSO
will not uphold a complaint if the public body objects to us doing so.

 

I hope my response is helpful. 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 writing to us by post or by
email to [4][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 ([5]www.ico.org.uk).

 

Yours sincerely,

 

 

S. Otto

Freedom of Information / Data Protection Team

Parliamentary and Health Service Ombudsman

E: [Parliamentary and Health Service Ombudsman request email]

W: [6]www.ombudsman.org.uk

 

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References

Visible links
1. http://www.legislation.gov.uk/ukpga/2000...
2. https://www.ombudsman.org.uk/sites/defau...
3. https://www.ombudsman.org.uk/sites/defau...
4. mailto:[Parliamentary and Health Service Ombudsman request email]
5. http://www.ico.org.uk/
6. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

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