What next if complaint not withheld
christina evans made this Freedom of Information request to Parliamentary and Health Service Ombudsman This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Parliamentary and Health Service Ombudsman, if you dont withhold complaint made. What can complainant do if they want to take it further? Because not having complaint withheld puts complainant and family in danger. Thankyou
Yours faithfully,
christina evans
Dear Ms Evans
Thank you for your email.
Section 8(1)(c) of the Freedom of Information (FOI) Act 2000 states that a
"request for information" must "describe the information requested".
Section 84 of the Freedom of Information Act 2000 defines "information" as
"information recorded in any form". It follows that a "request for
information" must concern information that is recorded in any form.
There is also no requirement under the FOI Act to answer questions which
would mean creating new information or giving an opinion or judgment that
is not already recorded. It is considered your request falls into this
category.
However, to offer advice and assistance in line with Section 16 of the
Act, as per the Review and Feedback Guidance published within our Service
Model, if a complainant is unhappy with the decision we have made on their
case, or the service they have experienced, we expect them to initially
raise their concerns with the original case owner, or if a service
complaint, their manager. This is because the person who handled the case
is normally best placed to resolve any concerns and answer questions about
it.
We would usually expect the complainant to have raised any concerns with
the original case owner or their manager within one month of the decision
complained about.
If the original case owner is unable to resolve a complaint about our
decision, the person or organisation complaining will be asked to complete
a form or provide information that explains what they think was wrong in
our decision-making. This will then be passed to the case owner’s manager
for consideration. Their manager will then decide what action needs to be
taken on a case, including whether it can be resolved short of further
consideration, whether a peer review is needed or whether it should be
passed to the Review and Feedback Team.
The Review and Feedback Team handles complaints about our decisions and
service when we consider this appropriate. They also handle positive
feedback and gather insight and learning.
A review is not the same as looking at an assessment or investigation
again. The caseworker (on the Review and Feedback Team) will instead be
looking at whether anything went wrong, and if so, what impact it had on
our decision. If we find we did something wrong, we will either look to
put things right, or offer another form of remedy if we cannot do this. We
will only review a case once, except in exceptional circumstances.
Our decisions are final and can only be challenged by Judicial Review. We
recognise though that this is a technical and expensive process, so in
rare circumstances the Review and Feedback Team can review a decision we
have made on a case. There is no automatic right to a review, and a case
needs to meet specific criteria in order for the Review and Feedback Team
to be involved. We will not review a case just because someone is unhappy
or disagrees with what we have done.
This is also referenced in summary form on the below page on our website:
[1]https://www.ombudsman.org.uk/about-us/fe...
I have provided a link to the full RaFT guidance below:
[2]https://www.ombudsman.org.uk/sites/defau...
I hope this information is of assistance.
Yours sincerely
Freedom of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
W: [3]www.ombudsman.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 'What next if complaint not withheld'.
I made a complaint. It has not been upheld. I was supposed to have had regular updates. I didnt. The adviser used only looked at one trust records MPFT and private provider Cygnet and not records from other trust Combined North Staffs. . The trust MPFT went by reports wrote by private provider who CQC have now shut down the specific unit Dunsmore Ward picu Coventry as it was chaotic dangerous and unsatisfactory. I am making complaint that the way complaint been dealt with was inadequate and lack of communication. I also ask for review of complaint as records from discredited Dunsmore picu unit were used. Also because complaint we made in 2004 was acknowledged and apology made by the then chief executive with assurances and that it would be put on record. . I have provided extensive proof and records and given information to support our complaint to the PHSO . this is want I ask for. Thankyou.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...
Yours faithfully,
christina evans
Dear Mrs Evans
Internal review of your request for information
Thank you for your correspondence of 3rd February 2019 in which you requested an internal review from the PHSO.
PHSO response
An internal review is a procedure in place for dealing with disputes about PHSO’s handling of requests for information under the Freedom of Information Act 2000. In order for there to be an internal review of a response there needs to be a request as defined by the Freedom of Information Act 2000.
I have looked over your correspondence of 4th January and 3rd February 2020 and cannot identify anything that meets the definition of a request as defined by the Freedom of Information Act 2000. This is because, as PHSO’s response of 6th January 2020 stated, there isn’t anything that meets the requirements of Section 8(1)(c) of the Freedom of Information Act 2000, because it does not describe what recorded information you want from PHSO.
The correspondence you have sent criticises the PHSO’s handling of your complaint. The response of 6th January 2020 explained the options that were available to you, and from looking at other correspondence I note you have been informed how to proceed against a decision you do not agree with. The Freedom of Information Act 2000 is not designed to answer such criticism, or the queries about how to appeal against this decision, so cannot assist you in this process.
Right of appeal
If you consider that this is a request under the Freedom of Information Act 2000, you may apply directly to the Information Commissioner’s Office for a decision. The Information Commissioner’s Office can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Regards,
Freedom of Information/Data Protection Team
Parliamentary and Health Service Ombudsman
E: [email address]
W: www.ombudsman.org.uk
Dear InformationRights, I have now sent in request for review with evidence to show errors by the PHSO or the public body I have made complaint about. . Unfortunately the caseworkers directly involved in my initial complaint, did not wish to have correspondence with me. I have had to do all the checking to ensure things I have sent by recorded delivery have arrived. That is not to say all PHSO have not been helpful. Thankyou .
Yours sincerely,
christina evans
Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request.
If you have made a request for information under the Freedom of
Information Act 2000 or Environment Information Regulations 2004, we will
respond to your request within 20 working days in accordance with the
statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and will be responded to within one
calendar month in accordance with the statutory time frame set out in the
Act.
We may contact you before this time if we require further clarification or
if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via
secure email, unless you instruct us differently. To access the
information on the email we send, you will need to sign up to our secure
email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible.
Angharad Jackson
Data Protection Officer & Assistant Director Information Assurance
Office of the Parliamentary and Health Service Ombudsman
PHSO CityGate
47-51 Mosley Street
Manchester
M2 3HQ
[email address]
Dear Parliamentary and Health Service Ombudsman, I have reported my request to this site because I put what next if complaint not withheld instead of putting what next if complaint not upheld ?. I have already put in request for review and submitted evidence as well. Thankyou.
Yours faithfully,
christina evans
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 'What next if complaint not withheld'.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
PHSO went solely by records under MPFT and Cygnet Coventry. . Relative had no clinical involement with MPFT until ending up in their acute pyschiatric ward in 2017. MpFT went by a social worker report and not by records of last eleven years of trust relative had been under up til 2016.PHSO only went by involvement of MPFT and Cygnet not by who relative had been under since 2005. Their rationale being the complaint is against MPFT and Cygnet. Yet PHSO believed everything by them and never read important information by services who had been looking after relative for many years. Up until 2016.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...
Yours faithfully,
christina evans
Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request.
If you have made a request for information under the Freedom of
Information Act 2000 or Environment Information Regulations 2004, we will
respond to your request within 20 working days in accordance with the
statutory time frames set out in both Acts.
If you have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and will be responded to within one
calendar month in accordance with the statutory time frame set out in the
Act.
We may contact you before this time if we require further clarification or
if we need to extend the time required to complete your request.
For Subject Access Requests, we will send any personal information via
secure email, unless you instruct us differently. To access the
information on the email we send, you will need to sign up to our secure
email service. Details can be found on our website using the link below:
www.ombudsman.org.uk/about-us/being-open...
If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible.
Angharad Jackson
Data Protection Officer & Assistant Director Information Assurance
Office of the Parliamentary and Health Service Ombudsman
PHSO CityGate
47-51 Mosley Street
Manchester
M2 3HQ
[email address]
Dear Parliamentary and Health Service Ombudsman, I went on your website from link you sent me, it said 404, sorry we cant find the page you are looking for. We may have moved or deleted it . Is this usual ?
Yours faithfully,
christina evans
Dear Parliamentary and Health Service Ombudsman,
I find it extraordinary that you only look at the public bodies response to complaint made about them. You take their word even though the complainant has provided evidence to make their case. You do not take into account any records from other public bodies involved that show the complainant is telling the truth and that the public body they have made a complaint are lying to cover up their negligence. You have practically never upheld complaints from the public.
Yours faithfully,
christina evans
Thank you for contacting the Parliamentary and Health Service Ombudsman’s
(PHSO) Freedom of Information and Data Protection Team. This is to confirm
we have received your request. If you have made a request for information
under the Freedom of Information Act 2000 or Environment Information
Regulations 2004, we aim to respond to your request within 20 working days
in accordance with the statutory time frames set out in both Acts. If you
have made a request for personal information held by the PHSO, your
request will be processed as a Subject Access Request under the provisions
of the Data Protection Act 2018 and we aim to respond within one calendar
month in accordance with the statutory time frame set out in the Act. We
may contact you before this time if we require further clarification or if
we need to extend the time required to complete your request.
Please note that we are currently experiencing a high demand, and might
not be able to comply with the statutory deadline for your request. Any
late responses can be referred to the Information Commissioner’s Office:
For Subject Access Requests, we will send any personal information via
secure email, unless you instruct us differently. To access the
information on the email we send, you will need to sign up to our secure
email service. Details can be found on our website using the link below:
https://www.ombudsman.org.uk/about-us/co...
If you require us to post your personal information to you instead you
will need to inform us of this and confirm your current address as soon as
possible. Angharad Jackson Data Protection Officer & Assistant Director
Information Assurance Office of the Parliamentary and Health Service
Ombudsman PHSO CityGate 47-51 Mosley Street Manchester M2 3HQ
[email address]
phsothefacts Pressure Group left an annotation ()
PHSO rarely upholds any complaints from the public. In 2019/20 they upheld just 2.1% of all complaints made to them. https://phsothetruestory.files.wordpress...
If you ask for a review because the Ombudsman failed to take into account your evidence or your comments on their final report, they simply review themselves and find that they did everything right.
A totally unaccountable body used as the dustbin for toxic waste.
phsothefacts Pressure Group left an annotation ()
See more data here. https://phsothetruestory.com/phso-data-t...
Dear Parliamentary and Health Service Ombudsman, when I made complaint it was well before covid 19. It went on for nearly two years as I had three different caseworkers. I sent in every thing relevant to my complaint. Yet I was told by you that I could not send in other records to show how relative was cared and treated for correctly by different trust. The trust I made complaint about did not have records from other trust spanning twelve years. The complaint I made was that my relative was not treated correctly ,given drugs that said on other trust records not to give these drugs. The trust was going by what a Doctor of theirs was saying who my relative had never been treated by. They did not bother with twelve years of reports and records from other trust. Now my relative has to keep making sure the correct information is used. nothing has been resolved, there is no resolution , they will do the same again As if we try to put things right they say its already been resolved by the Parliamentary ombudsman and found in our favour,. thankyou
Yours faithfully,
christina evans
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J Roberts left an annotation ()
Here is an email a complainant received that you may be interested in:
https://www.whatdotheyknow.com/request/p...
6 January 2020
"As per the RaFT guidance, when someone is unhappy with the decision we have made on their case, or the service they have experienced, we expect them to initially raise their concerns with the original case owner, or if a service complaint, their manager. This is because the person who handled the case is normally best placed to resolve any concerns and answer questions about it.
We would usually expect the complainant to have raised any concerns with the original case owner or their manager within one month of the decision complained about.
If the original case owner is unable to resolve a complaint about our decision, the person or organisation complaining will be asked to complete a form or provide information that explains what they think was wrong in our decision-making. This will then be passed to the case owner?s manager for consideration. Their manager will then decide what action needs to be taken on a case, including whether it can be resolved short of further consideration, whether a peer review is needed or whether it should be passed to the Review and Feedback Team.
The Review and Feedback Team handles complaints about our decisions and service when we consider this appropriate. They also handle positive feedback and gather insight and learning.
A review is not the same as looking at an assessment or investigation again. The caseworker (on the Review and Feedback Team) will instead be looking at whether anything went wrong, and if so, what impact it had on our decision. If we find we did something wrong, we will either look to put things right, or offer another form of remedy if we cannot do this. We will only review a case once, except in exceptional circumstances.
Our decisions are final and can only be challenged by Judicial Review. We recognise though that this is a technical and expensive process, so in rare circumstances the Review and Feedback Team can review a decision we have made on a case. There is no automatic right to a review, and a case needs to meet specific criteria in order for the Review and Feedback Team to be involved. We will not review a case just because someone is unhappy or disagrees with what we have done.
This is also referenced in summary form on the below page on our website:"
(The link provided is broken)