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Parliamentary and Health Service Ombudsman (Other) [2023] UKICO 196329 (17 January 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/196329.html
Cite as:
[2023] UKICO 196329
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Parliamentary and Health Service Ombudsman
The complainant made a request for information relating to the applicable disciplinary procedure for the post of Ombudsman. The Parliamentary and Health Service Ombudsman (PHSO) confirmed that it did not hold some of the requested information under section 1(1)(a) FOIA and provided links to some information it said it held in relation to parts of the request under section 1(1)(a) and (b) FOIA. The Commissioner considers that PHSO correctly denied holding some of the requested information. In relation to the information PHSO confirmed it held and provided to the complainant, this information does not fall within the scope of the request and therefore the Commissioner considers that PHSO was incorrect to confirm it held information in relation to parts of the request. The Commissioner considers that PHSO does not hold information in relation to this request and therefore PHSO should have denied holding any information falling within the scope of this request in its entirety under section 1(1)(a) FOIA. As the PHSO failed to deny holding information relevant to the scope of this request within the statutory time for compliance, it breached section 10 FOIA in the handling of this request. The Commissioner requires no steps to be taken.
FOI 10:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice:
196329