Where can I review the Term of Reference for "unremedied injustices"?

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

Dear Parliamentary and Health Service Ombudsman,

I seek your direction to that data and the resources held by The Parliamentary Health Service Ombudsman that best;

1) defines
2) explains
3) brings clarity

to The Ombudsman's sign off "unremedied injustices".

I ask for your guidance in helping me source a definition as I have inspected the PHSO website, read through the PHSO Press Releases since 2012, watched the PHSO propaganda on a You Tube channel, listened to Mick Martin and Dame Julie Mellor talk to numerous MP's as screened on Parliament TV and read through the presentations to the Select Committee and have even managed to attend a Westminster Briefing lead by the CQC, POWhER and the PHSO on the panel. I even joined a Pressure Group set up by the volunteer citizen Della Reynolds

...... but I am still utterly clueless as to where The Ombudsman defines the term

"unremedied injustices".

Help me please; I seek your assistance in pointing out where this sign off by the PHSO has been explained to any service users since 2012?

Yours faithfully,

Fiona Watts

FionaWatts@magnacarta300

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


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Jt Oakley left an annotation ()

As an example, the term is used here:

When the last Ombudsman was less intent on hitting case targets and putting her foot down on an unremedied injustice.

https://www.gov.uk/government/uploads/sy...

Fiona Watts left an annotation ()

Thank you for the link Jt Oakley and the steep learning curve that I take on when you refer me to documents published by the PHSO.

Its painful reading and it confirms the "rusty bucket" metaphor used to describe how our elected representatives seem to be complicit in blocking the principles of the Magna Carta; the right to justice.

In respect of the NHS, as the victim of "unremedied injustices" is expected to continue using the NHS, DWP, police and council services - do you know whether their "injustices" might be considered "different ?".

Kindest regards,

F

D. Speers left an annotation ()

Good foi Fiona Watts ........and just be aware an "unremedied injustice" flag was removed from my complaint to PHSO......why?
I keep asking but nobody is explaining!

Fiona Watts left an annotation ()

Dee ... DITTO!

An utter scandal that seems to have had the support of our elected MP's from all sides.

D. Speers left an annotation ()

OMG You too? Awaiting the answer with interest!

Norman Daniel, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Ms Watts,

 

Further to my previous email, the reference for your request is
FDN-246854.

 

 

Yours sincerely,

 

Daniel Norman

Legal Assistant

Parliamentary and Health Service Ombudsman

T: 0300 061 1516

E: [1][email address]

W: [2]www.ombudsman.org.uk

 

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show quoted sections

Norman Daniel, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Ms Watts,

 

Thank you for your email of 28 January 2016. I’m sorry for the delay in
acknowledging receipt of your information request. We are processing a
request for information relating to term “unremedied injustice” under the
Freedom of Information Act 2000 (FOIA). A response will be sent to you on
or before 25 February 2016 in line with the statutory time frame set out
in the FOIA.

 

 

Yours sincerely,

 

 

Daniel Norman

Legal Assistant

Parliamentary and Health Service Ombudsman

T: 0300 061 1516

E: [1][email address]

W: [2]www.ombudsman.org.uk

 

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From: Fiona Watts [mailto:[FOI #313021 email]]
Sent: 28 January 2016 12:58
To: foiofficer
Subject: Freedom of Information request - Where can I review the Term of
Reference for "unremedied injustices"?

 

     Dear Parliamentary and Health Service Ombudsman,
    
     I seek your direction to that data and the resources held by The
     Parliamentary Health Service Ombudsman that best;
    
     1) defines
     2) explains
     3) brings clarity
    
     to The Ombudsman's sign off "unremedied injustices".
    
     I ask for your guidance in helping me source a definition as I have
     inspected the PHSO website, read through the PHSO Press Releases
     since 2012, watched the PHSO propaganda on a You Tube channel,
     listened to Mick Martin and Dame Julie Mellor talk to numerous MP's
     as screened on Parliament TV and read through the presentations to
     the Select Committee and have even managed to attend a Westminster
     Briefing lead by the CQC, POWhER and the PHSO on the panel. I even
     joined a Pressure Group set up by the volunteer citizen Della
     Reynolds
    
     ...... but I am still utterly clueless as to where The Ombudsman
     defines the term
    
     "unremedied injustices".
    
     Help me please; I seek your assistance in pointing out where this
     sign off by the PHSO has been explained to any service users since
     2012?
    
     Yours faithfully,
    
     Fiona Watts
    
     FionaWatts@magnacarta300
    
     -------------------------------------------------------------------
    
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Fiona Watts left an annotation ()

Jt Oakley;

Thank you for your link to the former Ombudsman's report
on 28th Jan 2016

I am disheartened to read with in that link that "unremedied injustices" seems to be a term of phrase used by The Ombudsman and Parliament to describe those citizens who seemed to be blocked from gaining justice for their situation?

Although the Magna Carta was flawed; at least that old law and the Human Rights Act all promoted the right of the citizen to access "justice in a timely fashion"

D. Speers left an annotation ()

Thank you for your explanations Jt and FW.....sadly I am still mystified as to why an "Unremedied injustice" flag was REMOVED from my file....maybe I am deemed to be able to gain information again! I WISH!!! I look forward to a full response!

Jt Oakley left an annotation ()

Injustice

Dictionary definition:

Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situation, or to a larger status quo. In Western philosophy and jurisprudence, injustice is very commonly, but not always, defined as either the absence or the opposite of justice.

The sense of injustice is a universal human feature, though the exact circumstances considered unjust can vary from culture to culture. While even acts of nature can sometimes arouse the sense of injustice, the sense is usually felt in relation to human action such as misuse, abuse, neglect, or malfeasance that is uncorrected or else sanctioned by a legal system or fellow human beings.

Here's a definition of the work of Extenal Complaint handlers by the Crear review: ( Scottish Ombudsman)

Note that it follows public money.

Role, purpose and principles
The unique role of external scrutiny is to provide independent assurance that services are well-managed, safe and fit-for-purpose, and that public money is being used properly.

The five guiding principles for external scrutiny should be

public focus
independence
proportionality
transparency
and accountability.

So if public money is being spent injudiciously, (against the UK law or rules and guidance set down, or directed, by the politicians), that would seem to be an injustice.

In this context: It's something which has been carried out by paid public officials but is unfair, because they have been paid to abide by the rules which make it fair to every member of the public ....but haven't.

Therefore left someone at a disadvantage.

::::

Here's the Crear review from the Scottish Ombudsman which might be worth a read.

http://www.gov.scot/Resource/Doc/82980/0...

Fiona Watts left an annotation ()

Thank Jt Oakley,
Thank you for the link to "THE CRERAR REVIEW"
Stand out points in relation to my request for the PHSO;

Page 69 Point 8.7; An Ombudsman
"should be firmly outcome focused"

Page 83 Point 9.12
" Scrutiny bodies should also demonstrate in their reports how their work focuses on the experience and outcomes for the public and for service users."

*This is the reason why the PHSO need to explain THEIR use and understanding of the term "Unremedied injustices".

Page 88 of 117;
"The unique role of external scrutiny is to provide independent assurance that services are well-managed, safe and fit-for-purpose, and that public money is being used properly."

Jt Oakley?
Hence the need for the public to understand how the PHSO uses of the term; 'UNREMEDIED INJUSTICES" in its administration of public services in England.

foiofficer, Parliamentary and Health Service Ombudsman

3 Attachments

Dear Miss Watts

 

Your information request (FDN-246854)

 

Further to your email of 28 January 2016, I am writing in response to your
request for information about the term “unremedied injustice”. In
particular you have asked for information that defines, explains and
brings clarity to the meaning of this term.

 

I have considered your request under the Freedom of Information Act (FOI)
2000 and can confirm that we hold most of the information you have
requested. Please see below for the relevant information I am able to
release to you.

 

The term “unremedied injustice” is not a legal concept and has not been
explicitly defined. Like the other terms used by PHSO (such as
‘maladministration’ and ‘service failure’), the term “injustice” (and
consequently the term “unremedied injustice”) has been left for the
Ombudsman to interpret. Therefore we do not old any recorded information
as to any particular PHSO definition of the term “unremedied injustice”.

 

However we do hold a number of documents which may help to explain and
bring clarity to the term “unremedied injustice”.

 

The following documents can be found on our website at the following
links:

 

·         [1]Typology of injustice which discusses the various forms of
injustice which have been identified in PHSO casework. It also explains
that an injustice is considered to be “unremedied” if it has not been
suitably remedied by the organisation (see page 39).

 

·         Unremedied injustice was also the focus of our report
[2]Injustice unremedied: the Government’s response on Equitable Life.

 

 

I have also attached the following internal documents in which “unremedied
injustice” is explained or discussed:

 

·         Briefing Note – Alternative Legal Remedy

 

·         Enquiry and Assessment Manual

 

·         Investigation Manual - particularly paragraphs 52-58 which
explain that where we find that an injustice occurred because of
maladministration or service failure then we need to look at whether the
injustice is still unremedied. This is because, in some cases, the
organisation complained about may have provided an appropriate remedy.

 

 

You have also asked about the Ombudsman’s sign off of ‘unremedied
injustices’. Unremedied injustice cases do not require sign off above Line
Manager level unless the referring MP is one of the following: the
Speaker, the Chairman and Members of the Public Administration and
Constitutional Affairs Committee, the Chairman of the Health Committee,
the Chairman of the Public Accounts Committee and leaders of the parties.
In these circumstances, only the Managing Director and Deputy Ombudsman
have authority to sign off these complaints.

 

The Director of Investigations is responsible for high risk cases.
Therefore an unremedied injustice case which has been identified as high
risk may be signed off by the Director of Investigations.

 

 

I hope the information I have provided is helpful. If you have any further
queries, or would like to ask for a review of my decision, you can do so
by writing to [3][email address]. 

 

If you still have concerns after that, you can ask the Information
Commissioner’s Office to look into your case. Their contact details are
available on their website at: [4]www.ico.org.uk.

 

 

Yours sincerely

 

 

Freedom of Information/Data Protection Officer

Parliamentary and Health Service Ombudsman

 

References

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Dear foiofficer,

Thank you for your reply, although I notice that nobody has taken any credit for the reply.

Unless I am mistaken; you are unable to provide a reference for the term "unremedied injustices" because there is not one?

Therefore, I do no understand the purpose of signing off a citizen's unresolved issue and complaint with the NHS or another public service if there is no clarification for the terminology provided by The Parliamentary Health Service Ombudsman

Yours sincerely,

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.

Jt Oakley left an annotation ()

Decisions to decline complaints on cases referred by the Speaker of the House of Commons, the Chairman and members of the Public Administration Select Committee, the Chairman of the Health Select Committee, the Chairman of the Public Accounts Committee and the three main party leaders must be signed by the Ombudsman or Managing Director.

:::::

Of course - Some cases are more important than others.

After all, there is the PHSO 's income to consider.

Fiona Watts left an annotation ()

Greetings Jt Oakley.

Thank you

What about when an MP refers the victim to the PHSO? Does have the same clout as the others in the list?

(You bring more clarity to their responses on here than they do)

Jt Oakley left an annotation ()

Thanks..

The PHSO clearly gives special attention to complaints via MP's etc that it considers 'useful'.

After all, it simply can't have very important people drawing the conclusion that it is..as it is.

So back in your box - if you don't happen to live in the right constituency.

Cheers Jt Oakley.

... you mean a "marginal seat" per chance?

Yours faithfully,

Fiona Watts

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.

Jt Oakley left an annotation ()

....Don't think so on the grounds that marginal seats hadn't make much difference - as its public authorities under the spotlight with the PHSO.

In fact it can look good for the MP - if they support the complainant - for instance -in the case of an NHS death.

But, from the above list of those cases personally get the Dame Julie Mellor' s scrutiny, the PHSO, divide cases into 'important' and presumably 'not important'..and, knowing the PHSO's lightweight investigations ....probably 'ready to bin'.

::::

Here's MP Kate Hoey rightfully picking up Mick Martin on the point of 'important cases' and 'non important cases' at the PACAC scrutiny meeting....

Mick Martin: On many of the most serious cases, that is precisely what we do. When we have finished our investigative work and we draft a report, we share that with both the person who made the complaint—

Q73 Kate Hoey: Sorry to interrupt. What do you mean by “the most serious cases”? Surely everyone feels their case is important and serious.

Mick Martin: Of course you are right but, in dealing with 4,500 cases a year of all sorts of different sizes and complexities, we do not have the resources to talk to every single person who complains through our draft report. Some of those draft reports are very simple and straightforward, but on cases where, for example, there are several NHS bodies involved in very interconnected ways in which care has been provided that we have needed to unravel, it is important that we share that in writing and sit down with the family, but also make sure that we do the other side of our job as an impartial and independent organisation, which is to give the organisation the opportunity to respond fully to that complaint.

Fiona Watts left an annotation ()

Yes.

Thanks to your support & annotations Jt Oakley; plus the shared experiences of the PHSOthefacts pressure group. I'm getting wised up now ....

My case covered the failure of 6 NHS sites, 2 police forces, 2 county councils, 5 Government Departments, 1 borough council & 3 MPs. ... and it was never investigated.

I was duped.

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