Information Commissioner's Office

Summary: The complainant asked the Parliamentary and Health Service Ombudsman (the -�PHSO-�) for the names of MPs who had referred complaints to the PHSO on behalf of constituents about premium rate telephone services (with respect to television phone-in shows). The PHSO explained that the Ombudsman is subject to a statutory bar contained in the Parliamentary Commissioner Act 1967. This prevents the release of information obtained by the Ombudsman, or officers acting on her behalf, in the course of (or for the purposes of) an investigation, except in very limited circumstances. The PHSO therefore refused to disclose this information under section 44(1)(a) of the Freedom of Information Act 2000 (the -�Act-�). The Commissioner finds that the PHSO was correct to apply section 44(1)(a) to the request. He also found some procedural breaches of the Act. Information Tribunal appeal number EA/2011/0196 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 44 - Complaint Not upheld