Northern
Ireland Ombudsman’s Office
Publication
Scheme
CONTENTS
Section
1. INTRODUCTION
2. THE NORTHERN IRELAND OMBUDSMAN’S OFFICE
3. THE FREEDOM OF INFORMATION ACT 2000
4. USING THE NORTHERN IRELAND OMBUDSMAN’S PUBLICATION SCHEME
5. REQUESTS FOR INFORMATION NOT COVERED BY THIS PUBLICATION SCHEME
Appendix A. The Information that is Available
1. INTRODUCTION
This Publication Scheme relates to the Offices of both the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints. For ease of reference these two statutory offices are referred to jointly as the Northern Ireland Ombudsman.
Under Section 19 of the Freedom of Information (FOI) Act 2000 all public authorities, including the Northern Ireland Ombudsman’s Office, have a duty to maintain a Publication Scheme outlining what information they publish, how it is made available, and whether this information will be available free of charge or on payment.
The purpose of this Publication Scheme is to ensure that a significant amount of information is available without the need for a specific request. In this Publication Scheme, ‘publication’ not only refers to printed material but also includes information in other formats such as electronic documents. The Northern Ireland Ombudsman’s Office believes that access to this information will improve the understanding of the role and work of the Office and helps strengthen confidence in that work. The Northern Ireland Ombudsman’s Office is committed to being, in its attitudes, operations, policies and processes, an open and accountable public organisation.
The Deputy Ombudsman, Mr John MacQuarrie, has overall responsibility for the Publication Scheme and it is managed on a day-to-day basis by the Office Manager, Mr Lindsay Rainey. We welcome any comments you may have regarding the Publication Scheme and would be grateful to hear of any difficulties you may experience in accessing the information listed.
2. THE NORTHERN IRELAND OMBUDSMAN’S OFFICE
2.1 Background
The Northern Ireland Ombudsman is the popular name for two statutory offices:
The Assembly Ombudsman for Northern Ireland; and
The Northern Ireland Commissioner for Complaints.
The Northern Ireland Ombudsman's Office was established in 1969, but the current powers and responsibilities are laid down in the Ombudsman (Northern Ireland) Order 1996; the Commissioner for Complaints (Northern Ireland) Order 1996; and the Commissioner for Complaints (Amendment) (Northern Ireland) Order 1997.
2.2 Aim
The aim of the Northern Ireland Ombudsman’s Office is to see that the people of Northern Ireland are served by a fair and efficient public administration that is committed to accountability, openness and quality of service.
2.3 Functions
The Northern Ireland Ombudsman investigates complaints from people who claim to have suffered injustice because of maladministration by the bodies which are specified in the legislation. This includes all local councils, education and library boards, health and social services boards and trusts, as well as all government departments and their agencies. The term 'maladministration' is not defined in the Northern Ireland Ombudsman's legislation but it is generally taken to mean poor administration or the wrong application of rules.
The Northern Ireland Ombudsman currently provides an investigatory service to the Committee on Standards and Privileges of the Northern Ireland Assembly in respect of cases of complaint against Members of the Assembly. This service is operated on a case by case basis and investigatory action is initiated by the Committee. Complaints about Members of the Assembly should be directed to the Clerk of Standards in the Northern Ireland Assembly and not to the Northern Ireland Ombudsman.
The Northern Ireland Ombudsman is completely independent of the Northern
Ireland Assembly and of the government departments and public bodies which
can be investigated. The Northern Ireland Ombudsman is appointed by the
Queen as head of state, and reports to the Northern Ireland Assembly.
All complaints made to the Northern Ireland Ombudsman are treated strictly confidentially. The Northern Ireland Ombudsman provides a FREE service.
2.4 Structure
The Northern Ireland Ombudsman has overall responsibility and accountability for all the Office's activities. He is assisted in the discharge of these responsibilities by the Deputy Ombudsman.The investigation
staff of the Office are split into three teams: Health; Housing; and Planning.
The teams investigate complaints about their particular specialism and
all other complaints are shared amongst the teams on a rotational basis.
Each team consists of a Director of Investigation and three Investigating
Officers.
The administrative support of the investigation of complaints is provided
by Administration Section. This team consists of the Office Manager, an
Assistant Investigating Officer, three Complaints Advisers and the Ombudsman’s
Personal Secretary
With the exception of the Northern Ireland Ombudsman, who is a public appointment, all of the staff of the Office, 20 at 31 December 2002, are on secondment from the Northern Ireland Civil Service.
2.5 Finance
The funding for the operational costs of the Northern Ireland Ombudsman’s Office is included in the Northern Ireland Estimates which are approved by the Northern Ireland Assembly. The Northern Ireland Ombudsman’s salary is charged directly to the Consolidated Fund.
2.6 Contact Details
The Northern Ireland Ombudsman’s Office can be contacted as follows:
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By
telephone:
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0800
34 34 24 (freephone) |
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By
Fax:
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028 9023 4912 | ||
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By
E-mail to:
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ombudsman@ni-ombudsman.org.uk | ||
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By
writing to:
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The
Northern Ireland Ombudsman Freepost BEL 1478 BELFAST BT1 6BR |
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By
calling, between 9:30 am and 4 pm, at:
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|||
Additional
information about the role of the Northern Ireland Ombudsman can be found
on the Office’s website:
| www.ni-ombudsman.org.uk |
3. THE FREEDOM OF INFORMATION ACT 2000
3.1 Background
The Freedom of Information Act 2000 (the Act) became law on 30 November 2000 and is intended to promote a culture of openness throughout the public service. The main features of the Freedom of Information Act 2000 are:
The right to be
told whether particular information is held by a public authority, and
the right to have that information supplied upon request, subject to certain
exemptions;
In most cases where a public authority wishes to claim an exemption from
the duty to supply the requested information it must nevertheless disclose
it when the public interest in disclosure outweighs the public interest
in maintaining the exemption in question;
The duty on a public authority to produce and adhere to a scheme for the
proactive publication of information, known as a Publication Scheme. This
Scheme, which must be approved by the Information Commissioner, will specify
the classes of information the public authority publishes (or intends
to publish), the manner of publication and whether the information is
available free of charge or on payment of a fee.
Strong, independent, enforcement of the rights and duties created by the
Act by the Office of the Information Commissioner and, on appeal, to the
Information Tribunal.
The Act will apply to a wide range of public authorities, including central
and local Government, Parliament, the National Assembly for Wales, the
police, hospitals, GPs and Dentists, schools, publicly funded museums
and thousands of other public authorities.
3.2 The Publication Scheme
This Publication Scheme is produced and maintained in accordance with Section 19 of the Act and is the method by which the Northern Ireland Ombudsman’s Office will inform the citizen what information it publishes or intends to publish, where it can be accessed and whether the information will be available free or charge or at a specified cost.
Where possible the Northern Ireland Ombudsman’s Office will publish information on its website at www.ni-ombudsman.org.uk. However, as we accept that some people do not have access to, or are not comfortable with the use of, the Internet, we will provide an alternative form of publication in each case. In addition, access to the Office’s website will also be available, free of charge, in the Office (please contact the Office for details).
This Publication Scheme will be kept under constant review to ensure that it continues to meet the needs of the citizen as fully as possible. In addition, a formal review of the Scheme will be conducted every 3 years.
The Scheme details the different information produced by the Northern Ireland Ombudsman’s Office in a clear and structured way. It categorises the information by category and then by class. It provides clear details as to how the information in each class may be obtained. The intention is to make it as easy as possible to locate and obtain the required information.
3.3 Further Information
Further information on Freedom of Information can be obtained from the Information Commissioner. The Information Commissioner may be contacted as follows:
| By writing to: |
The
Information Commissioner
|
| By telephone: | 01625 545 700 |
| By fax: | 01625 524 510 |
Additional
information about the role of the Information Commissioner can also be
found on the website:
www.informationcommissioner.gov.uk
4. USING THE NORTHERN IRELAND OMBUDSMAN’S PUBLICATION SCHEME
4.1 General
This Publication Scheme details the following:
- the classes of information the Office publishes, or intends to publish
- how this information can be accessed
- whether the information will be available free of charge or on payment.
4.2 The Information Available
The information the Office makes available is listed in Appendix A. For ease of reference the list has been divided into 4 categories, each of which reflects a different aspect of the Office’s work. Under each category heading the classes of information which the Office publishes are listed, along with a brief description outlining what information is included. In some cases a class may contain only a single item, whereas others may describe a broad range of items.
Any classes which contain information which may be subject to exemptions are clearly identified as such. Where this occurs the material will clearly show where this information has been withheld and explain what exemption has been applied and why.
If you want to re-use or reproduce our publications, e.g. commercially or for circulation for education, etc, purposes, you will in most cases need to apply for a copyright licence for this. The Office is a Crown body and our information is subject to Crown copyright administered by Her Majesty's Stationery Office. For HMSO Guidance Notes on a range of copyright issues, see the HMSO website (www.hmso.gov.uk).
4.3 Access to the Information
Included alongside the description of each individual class is information on how it may be accessed or obtained. Much of the information is available on the Office’s website (www.ni-ombudsman.org.uk). However, published information may also be obtained in hard copy and, in line with the Northern Ireland Ombudsman’s Office’s commitment to promoting equality of opportunity, may also be made available in other languages and/or formats on request (e.g. tape reading, large print etc.). Certain very large documents or manuals may be made available for viewing by arrangement however where practicable we will endeavour to supply sections of these documents by other means to meet specific needs. If in doubt, or if you have any enquiries about how to access information, please contact the Office.
The Office’s website is available in text only version. Access to our website will also be available, free of charge, at the Office (Please contact the Office for details).
4.4 Charges for the Information
Whilst it is intended that the majority of information contained in the Publication Scheme will be available on the Office’s website, (i.e. there will be no charge made by us. However, you would have to pay for any charges made by your Internet Service Provider, personal printing costs, etc), there may be certain publications that will only be available on receipt of payment. Where such charges apply this is clearly identified alongside the description of the publication concerned. Please note that even where a class of information is identified as being available free of charge we reserve the right to apply photocopying charges in respect of requests for multiple copies of the same document.For those without Internet access, a single printout of the information contained on our website is available on request. However, requests for multiple printouts, or for archived copies of documents, which are no longer available on the website, may attract a charge for the cost of retrieval, photocopy, postage, etc. We would let you know this at the time of your request.
4.5 Feedback
This Publication Scheme will be under constant review by the Office and will be subject to a formal review every three years. As it is designed to help you we are always keen to receive your assistance in identifying ways to improve it. If you have any comments, suggestions or complaints about the presentation, structure or content of the scheme, please forward these to the Office.
4.6 Complaints Procedure
Our policy is to be as open as possible and supply the information you have requested. If information within a document made available under this Publication Scheme is withheld the document will be clearly marked to show where information has been removed and the exemption we have used.
If we refuse to supply all or part of any other information you have asked for we will write to you giving our reasons for refusal.
If you are not satisfied with the reasons given, you have the right to appeal. You may also appeal if you believe the charges we have made to supply information are unfair. Write to the Northern Ireland Ombudsman’s Office, Progressive House, 33 Wellington Place, Belfast BT1 6HN giving details of your complaint. We will aim to give you a full reply within 28 days, but if there is some good reason why that cannot be done we will write and explain why.
Under the
Publication Scheme requirement in the Act, you can also appeal to the
Information Commissioner if you feel we have not complied with our obligations
under that requirement.
5. REQUESTS FOR INFORMATION NOT COVERED BY THIS PUBLICATION SCHEME
You can apply for access to information which is not listed in the Publication Scheme. If what you require is not available under the Scheme please apply in writing to:
Deputy Ombudsman
Northern
Ireland Ombudsman’s Office
Progressive
House
33
Wellington Place
Belfast
BT1
6HN
When requesting such information please include the following details:
> Your name and address;
> the information or documents you would like to access; and
> the way you would like the information to be sent to you (for example as hard copy, via e-mail or on a computer disk).
In general, we will respond to any such requests within 20 working days. We may charge a fee and, if a fee is required, the 20 working days will be extended by up to 3 months until the fee is paid. It should also be noted that full public access rights under the Act come into effect in January 2005 but in the meantime we will seek to deal with requests for information in a positive manner.Your rights
under the Data Protection Act 1998 to access personal information held
about you on computer and in some paper files are not affected by the
public access provisions of the Act.
6. WHAT WE PUBLISH
The intention of the Northern Ireland Ombudsman’s Office is to publish as much information as possible. The information which is available is detailed in Appendix A to this Scheme. For ease of reference the information published is organised in classes within the categories below, which reflect the various areas of the Office’s work.
1. About the Northern Ireland Ombudsman’s Office.
Information about our organisational structure, business plans, standards and finance.
2. Public Announcements.
Information about press releases, awareness campaigns, etc.
3. Customer Information.
Information and guidance, which is publicly available, regarding complaints.
4. Internal Policy, Guidance and Procedures.
Information, guidance and advice to staff in the execution of their duties.
Appendix A – The Information that is Available
ABOUT THE NORTHERN IRELAND OMBUDSMAN’S OFFICE.
Classes of information published in this category are as follows:
> Organisational Structure [Click here to view]
Description: Chart illustrating the current staffing structure and relevant responsibilities within the Office.
Availability: On the Office’s website and by post.
Cost: Free
> Annual Report
Description: The Northern Ireland Ombudsman’s document of record which is laid before the Northern Ireland Assembly under statute. It is a report of the Office’s activities for the previous reporting year (April – March) and includes statistical analysis of complaints received and investigations completed along with summaries of cases reported on.
Availability: On the Office’s website and by post.
Cost: Free from website, by post as individually priced.
Notes: Annual Reports will be available for the preceeding 3 reporting years.
> Annual Resource Account
Description: Resource Account of the Office’s activities for the previous financial year (April – March). The Account is audited by the Northern Ireland Audit Office and is laid before the Northern Ireland Assembly under statute.
Availability: On the Office’s website and by post.
Cost: Free from website, by post as individually priced.
Notes: The 2001/02 financial year is the first in which resource accounts have been produced by the Office.
> Summaries of Senior Management Team Meetings
Description: Summaries of the Office’s Senior Management Team Meetings. These summaries will be available within 6 weeks of the date of the meeting. (Some of the information in this class may be considered to be exempt information. Where this occurs the material will clearly show where information has been withheld and explain what exemption has been applied and why).
Availability: On the Office’s website and by post.
Cost: Free.
Notes: The first summary to be produced will be that for the March 2003 meeting. Thereafter summaries will be available for the preceding 3 meetings.
> Office In-house ‘Update’
Description: The Office’s internal newsheet, known as ‘Update’ which keeps all staff up-to-date with legislative, procedural and general day-today management issues. It also contains statistics in relation to complaints for the reporting year to date, with comparisons to the previous reporting year. Update is normally produced on a monthly basis depending on the amount of information which needs to be disseminated. (Some of the information in this class may be considered to be exempt information. Where this occurs the material will clearly show where information has been withheld and explain what exemption has been applied and why).
Availability: On the Office’s website and by post.
Cost: Free.
Notes: ‘Update’ will be available for the preceding 3 issues.
> Miscellaneous Ad Hoc Reports and Publications
Description: From time to time the Northern Ireland Ombudsman will publish reports or documents on specific matters. These publications will be available as set out below and are generally accompanied by a press release.
Availability: On the Office’s website and by post.
Cost: Free from website, by post as individually priced.
PUBLIC ANNOUNCEMENTS
Classes of information published in this category are as follows:
> Press Releases
Description: All press releases issued by the Office in the preceding 12 months.
Availability: On the Office’s website and by post.
Cost: Free.
CUSTOMER INFORMATION
Classes of information published in this category are as follows:
> Information Leaflets
Description: The Office’s current public information leaflets. There are at present three leaflets entitled ‘What Does the Ombudsman Do?’; ‘Got a Problem?’; and ‘What Happens Next?’.
Availability: The information contained in these leaflets is available on the Office’s website whereas the leaflets themselves are available by post.
Cost: Free.
> Complaint Form
Description: A form designed to help complainants articulate their complaint to the Ombudsman and ensure that they provide sufficient information.
Availability: On the Office’s website and by post.
Cost: Free.
> How to Complain about the Service we Provide
Description: Details of how to make a complaint about any aspect of the service provided by the Northern Ireland Ombudsman’s Office. It should be noted that this process can not be used to dispute the outcome of the investigation process but covers only the service provided.
Availability: On the Office’s website and by post.
Cost:
Free.
INTERNAL POLICY, GUIDANCE AND PROCEDURES
Classes of information published in this category are as follows:
> Policy Statements
Description: All current Office policy statements which have been approved by the Senior Management Team.
Availability: Currently only available by post. However, it is anticipated that this information will be available on the Office’s website in the near future.
Cost: Free.
> Internal Office Guidance Manual
Description: The Office’s current guidance for all staff involved in the handling of complaints and/or enquiries, whether in writing or by telephone.
Availability: By post.
Cost: Free.
> Internal Office Finance Manual
Description: The Office’s current guidance for all finance staff to help ensure that purchases on goods or services is incurred subject to proper authorization, within delegated levels of responsibility and brought to account.
Availability: By post.
Cost: Free.