Information Commissioner's Office

Parliamentary and Health Service Ombudsman

8 May 2017, Education (Other)

The complainant has requested information about orders for the audits of records.  The Parliamentary and Health Service Ombudsman (PHSO) says it is not obliged to comply with the request under section 12(1) of the FOIA, as it would exceed the appropriate cost and time limit to do so. The Commissioner’s decision is that PHSO is not obliged to comply with the request under section 12(1). However the Commissioner is not satisfied that PHSO met its obligation under section 16 to offer advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The PHSO is required to provide appropriate advice and assistance to the complainant pursuant to the duty provided by section 16 of the FOIA. The advice and assistance should be given with a view to determining what, if any, information relevant to the request can be provided within the appropriate costs limit and to allow the complainant to make a new request should this be possible.

FOI 16: Upheld FOI 12: Not upheld