Freedom of Information

1. Introduction to the Freedom of Information Act 2000

The Freedom of Information Act 2000 received Royal Assent on 30th November 2000. The purpose of the Act is to give individuals and a legal body such as a company the right to apply for access to information held by a range of public authorities, subject to certain exemptions laid down in the Act. The aim of the legislation is to promote openness and accountability on the part of public authorities and to encourage a proactive approach to the release of information. The right of access to information came into force in January 2005.

2. Publication Schemes

Under the terms of the Act every public authority must adopt and maintain a publication scheme. Such a scheme should set out the categories of information that an authority either publishes already or intends to publish. The objective is to make it easier for persons asking for information to be able to access that information. A scheme will specify the classes of information which will be made routinely available, details of the way in which it will be published, how the information may be obtained and whether there will be a charge made for it.

Every scheme has to be approved by the Information Commissioner.

3. The Right to Information

From January 2005 there is a general right of access to all types of recorded information held by public authorities. Certain information is exempt from disclosure under the Act including personal information relating to the applicant, personal information relating to third parties (Section 40), information provided in confidence if its disclosure would constitute a breach of confidence actionable by that or by any other person (Section 41) and information to which legal professional privilege applies (Section 42). Section 44 of the Freedom of Information Act exempts from disclosure all information where the disclosure of that information is prohibited by any other act. (See paragraph 5 below).

On receipt of a written request the public authority concerned must tell the person making the request whether it holds the information asked for and if so, subject to the exemptions prescribed, supply the information. This should normally be done no later than 20 working days from receipt of the request. Authorities may charge a fee for information requested which will have to be calculated in accordance with Fees Regulations.

4. Aims and Objectives

The purpose of the Public Services Ombudsman for Wales (PSOW) is to provide a modern, accessible, efficient and effective Ombudsman service, concentrating on the following four themes:

working towards an easily accessible ‘one-stop shop’ for all public service complaints underpinned by shared principles and procedures and by common redress mechanisms;
co-operating with, and learning from the work of, other Ombudsmen;
securing continuous improvement to become and remain a centre of excellence in the investigation of complain; and
ensuring that the lessons learned from investigations are fed back to policy makers and service providers.

5. Public Services Ombudsman for Wales

The Public Services Ombudsman for Wales (PSOW) is an independent office holder under the Crown. Peter Tyndall was appointed as PSOW with effect from 21 April 2008, for a fixed term of seven years. Currently he also holds the following offices, all of which will be abolished with effect from 1 April 2006:

Commissioner for Local Administration in Wales under the Local Government Act 1974;
Health Service Commissioner for Wales under the Health Service Commissioner Act 1993, as amended by Schedule 10 of the Government of Wales Act 1998;
Welsh Administration Ombudsman under the Government of Wales Act 1998; and
Social Housing Ombudsman under the Housing Act 2004.

6. Principal Activities

The principal activities of PSOW are:

investigation of complaints from members of the public against local authorities in Wales;
investigation of allegations against members of local authorities (including town and community councils) of breaches of their authority’s code of conduct for members;
investigation of complaints from members of the public against NHS bodies, family health service practitioners and independent providers of NHS Services in Wales;
investigation of complaints against the National Assembly for Wales and Assembly sponsored public bodies; and
investigation of complaints against a registered social landlord in Wales.

7. Public Services Ombudsman for Wales’s Publication Scheme

The purpose of the scheme is to provide a guide to the classes of information which the PSOW intends to make routinely available, the way in which the information will be published and whether the information is available free of charge or not.

The Freedom of Information Act states that certain information will be exempt from disclosure including information which is confidential under another Act of Parliament. (See paragraph 3, above). The enabling legislation restricts the disclosure of information obtained during the investigation of either a complaint of maladministration and injustice or of an allegation of misconduct on the part of a local authority member. Therefore individual complaint and allegation case files held by the Ombudsman is exempt from the disclosure provisions of the Freedom of Information legislation.

8. The Delivery of the Information

Certain items listed in the scheme are available on the PSOW’s website www.ombudsman-wales.org.uk and can be downloaded free of charge. Most documents are in pdf format. Adobe Acrobat Reader is necessary to read these. This is free and available to download from the PSOW’s website.

Hard copies of all documents published by the PSOW are also available free of charge for single copies. A charge for photocopying and postage will be made for multiple copies.

Typed material can be supplied in large print if requested. Arrangements can also be made to produce certain documents in braille or on cassette tape.

Investigation reports of individual complaints and/or allegations are available free of charge for single copies. A charge for photocopying and postage will be made for multiple copies.

Copies of the following leaflets are sent to bodies under jurisdiction and to voluntary organisations on request such as Citizens’ Advice Bureaux etc:

Whilst not all documents published by the PSOW are bilingual in English and in Welsh arrangements can be made for translations to be provided where appropriate.

9. How to Ask for Information

Some information which is available under the scheme may be accessed directly on line from the PSOW’s website. If it is not, or if the information is not included in the scheme, please submit a request in writing to the Corporate Services Manager, Public Services Ombudsman for Wales, 1 Ffordd yr Hen Gae, Pencoed, Bridgend CF35 5 LJ, fax 01656 641199 or e-mail ask@ombudsman-wales.org.uk

When requesting information, please include the following details:

• Your name and address
• The information or documents you would like to see
• The way in which you would like the information to be sent to you (i.e. as hard copy, e-mail or on computer disk).

10. Response Time

If the information you require is readily available, for example, if it is included in the publication scheme we will send it to you within three working days. On occasions this will not be possible, however in any event we will normally provide the information asked for within 20 working days.

11. Complaints Procedure

The PSOW’s policy is to be as open as possible and to supply the information asked for whenever possible.

If the request for individual access to any information is refused, we will write to you within the 20 working day period referred to above to explain the reasons for the decision. If you are dissatisfied you have a right of appeal. This also applies if you believe that any charge made in connection with the supply of information is unfair. If any information within a document made available under the publication scheme is withheld, the document will be clearly marked to show where the information has been removed and details of the exemption relied on for doing so. If we refuse to supply you with part of the information you have asked for we will write giving you reasons for the decision.

If you are dissatisfied with the reasons given you should write to:-

The Corporate Services Manager,
Public Services Ombudsman for Wales,
1 Ffordd yr Hen Gae
Pencoed
Bridgend
CF35 5 LJ

TEL: 01656 641150
FAX: 01656 641199

Website: www.ombudsman-wales.org.uk
E-mail ask@ombudsman-wales.org.uk

We will aim to give you a full reply to your complaint within 28 working days. If there is good reason why this is not possible we will write and tell you.

If you are still dissatisfied it is open to you to appeal to:-

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire, SK9 5AF

TEL: 01625 545700
Fax: 01625 545510.

The Information Commissioner is responsible for the operation of the Freedom of Information Act including the approval/revocation of publication schemes ensuring public authorities comply with the requirements of the Act, generally providing information and advising on the Act and the general promotion of good practice.

12. The Information Available

The information available has been grouped under the following headings, published reports and leaflets, management documents, procedural guidance, personnel.

Where items are available on the website links will be provided to access the particular document.

(i) Published Reports and Leaflets

Annual Reports
Investigation reports, excluding those where the “not for publication provisions” have been exercised [S30 (7) Local Government Act 1974 Section 44 of Freedom of Information Act refer.]
'How to complain' Leaflets

(ii) Management

Organisation chart
Corporate Plan
Financial Memorandum
Financial Policies
Annual Accounts
Delegation Scheme

(iii) Procedures

(v) Relationship with other bodies

Police protocol
List of organisations of which the Ombudsman is a member

(v) Personnel

13. How to Contact Us

If you have any queries about this Scheme or in relation to access to our information generally please contact:

The Corporate Services Manager
Public Services Ombudsman for Wales,
1 Ffordd yr Hen Gae
Pencoed
Bridgend
CF35 5 LJ

TEL: 01656 641150
FAX: 01656 641199

Website: www.ombudsman-wales.org.uk
E-mail ask@ombudsman-wales.org.uk