Select Committee · Public Administration and Constitutional Affairs Committee

Parliamentary and Health Service Ombudsman Scrutiny 2021-22

Status: Closed Opened: 29 Sep 2022 Closed: 10 Jul 2023 17 recommendations 18 conclusions 1 report

The Public Administration and Constitutional Affairs Committee (PACAC) is launching its annual scrutiny session into the work of the Parliamentary and Health Service Ombudsman (PHSO) in the financial year 2021/22. According to the House of Commons Standing Order 146 , PACAC’s role in relation to the PHSO is: to examine the reports of the Parliamentary …

Clear

Reports

1 report
Title HC No. Published Items Response
Sixth Report - Parliamentary and Health Service Ombudsman S… HC 745 31 Mar 2023 35 Responded

Recommendations & Conclusions

16 items
1 Conclusion Sixth Report - Parliamentary and Health… Accepted

The Committee considers the objectives of the Parliamentary and Health Service Ombudsman (PHSO) Strategy for...

The Committee considers the objectives of the Parliamentary and Health Service Ombudsman (PHSO) Strategy for 2022–25 to be appropriate to achieve the aims of “becoming an even more modern and vibrant Ombudsman service”. This includes promoting greater awareness of the PHSO’s services, providing a high quality, empathetic and timely service, …

Government response. The PHSO is absorbing an increase in demand for its service, and its plans for implementing the 2022-25 Corporate Strategy will drive efficiencies, enhance service, and ensure a user-focused approach by increasing efficiency, introducing new mechanisms, and identifying systemic cases.
3 Conclusion Sixth Report - Parliamentary and Health… Accepted

The Committee recognises that the PHSO has made significant efforts to cope with the huge...

The Committee recognises that the PHSO has made significant efforts to cope with the huge pressures placed on its services as a result of the Covid-19 pandemic. We note that the backlog of cases has been reduced significantly and welcome the ambition to completely clear the queue of unallocated cases …

Government response. The PHSO has already made improvements to aspects of the casework process, including the casework management IT system, forms, letters and templates, learning resources for caseworkers, and revised training and guidance. They are evaluating a test of call recording and …
6 Recommendation Sixth Report - Parliamentary and Health… Accepted

We are concerned by the number of Level 1 and 2 cases that are not...

We are concerned by the number of Level 1 and 2 cases that are not being considered by the PHSO due to the approach of prioritising health complaints using the severity of injustice scale. We recommend that the PHSO sets out in its response to this Report the evidence base …

Government response. The PHSO states they consider all complaints, but for less serious NHS complaints, they will consider whether they can resolve the complaint promptly and if not, they will not take those complaints further. They also state that a proportional approach …
11 Recommendation Sixth Report - Parliamentary and Health… Accepted

The PHSO should update the Committee on the outcomes of the review of how the...

The PHSO should update the Committee on the outcomes of the review of how the PHSO obtains feedback from service users, including the Service Charter, and what changes will be put in place as a result. The Committee understands that the PHSO is awaiting data from an independent research agency …

Government response. The government has redesigned the complainant satisfaction survey based on recommendations from an independent research agency, tested it with users, and will roll it out in May 2023. They will publish the data coming from the new survey later in …
14 Conclusion Sixth Report - Parliamentary and Health… Accepted

The Committee welcomed in its PHSO Scrutiny 2020–21 Report the positive steps that the PHSO...

The Committee welcomed in its PHSO Scrutiny 2020–21 Report the positive steps that the PHSO has taken to improve the use of clinical advice in investigations. It is encouraging to see that this work has not lost momentum, with 23 of 25 of the recommendations from the “Donaldson Review” now …

Government response. The government states that they have completed implementation of all recommendations made by the Donaldson Review into PHSO’s approach to clinical advice and have a framework for assuring the quality of clinical advice.
15 Recommendation Sixth Report - Parliamentary and Health… Accepted

The PHSO should clarify how the Clinical Advice Quality Framework will improve trust and confidence...

The PHSO should clarify how the Clinical Advice Quality Framework will improve trust and confidence in the quality and standards of the PHSO’s casework, what changes Parliamentary and Health Service Ombudsman Scrutiny 2021–22 37 have been made to date, and how success will be measured. Furthermore, whilst we acknowledge the …

Government response. The PHSO has completed implementation of all recommendations from the Donaldson Review. Provisional views are shared with clinical advisors. They will not take forward naming clinical advisers due to concerns about safety and security, and the risk of giving disproportionate …
21 Conclusion Sixth Report - Parliamentary and Health… Accepted

In the Committee’s PHSO Annual Scrutiny Report 2020–21, we called for a Peer Review of...

In the Committee’s PHSO Annual Scrutiny Report 2020–21, we called for a Peer Review of the PHSO to be undertaken as soon as possible. We are pleased that this took place in 2022 and reported before our annual scrutiny session. The Committee welcomes that the PHSO was the first body …

Government response. The government is committed to embedding the peer review recommendations, taking action on coaching/training, communication, publishing cases, anonymisation, and reducing queues in 2023-24, and progressing outstanding actions through the 2022-23 Corporate Strategy by 2025, including digital updates and IT system …
22 Conclusion Sixth Report - Parliamentary and Health… Accepted

The Committee was disappointed to learn that some of the data provided by the PHSO...

The Committee was disappointed to learn that some of the data provided by the PHSO to inform the Committee’s PHSO Scrutiny 2020–21 Report had been revised unjustifiably ahead of this year’s inquiry, preventing easy comparability between reports. For the Committee to accurately fulfil its responsibilities to assess the performance of …

Government response. The PHSO states that it conducts a thorough review of all performance data annually and that data provided to the Committee is quality assured to the highest standard, explaining the circumstances around the data revision.
23 Recommendation Sixth Report - Parliamentary and Health… Accepted

It is unsatisfactory that data provided to this Committee has been subsequently revised.

It is unsatisfactory that data provided to this Committee has been subsequently revised. The PHSO should report back to the Committee on what steps it is taking to quality assure its data before it is published and used by the Committee.

Government response. The PHSO states that it conducts a thorough review of all performance data annually and that data provided to the Committee is quality assured to the highest standard, explaining the circumstances around the data revision.
24 Conclusion Sixth Report - Parliamentary and Health… Accepted

The Committee notes the benefits that hybrid working has brought to the PHSO, notably the...

The Committee notes the benefits that hybrid working has brought to the PHSO, notably the ability to increase its workforce by 20% without expanding its office footprint. However, the impact of hybrid working on organisational productivity, culture, and employee wellbeing should be continually monitored, and the requirement to be in …

Government response. The PHSO has robust performance management systems and continually seeks feedback on the impact of business changes on workforce productivity and wellbeing, including on hybrid working, through staff engagement mechanisms and the annual Staff Survey.
25 Conclusion Sixth Report - Parliamentary and Health… Accepted

The PHSO should provide an update in its response to this Report regarding what tools...

The PHSO should provide an update in its response to this Report regarding what tools and infrastructure have been upgraded to support hybrid working, as mentioned in the Business Plan for 2022–23. The Committee would also appreciate information on what the PHSO is doing to continually monitor the impact of …

Government response. The PHSO states that following the decision to maintain hybrid working, they have made some updates to systems to maximize productivity, including integrated telephone and ICT systems, simplified login process and remote connectivity, enhanced office wireless networks and piloting the …
28 Conclusion Sixth Report - Parliamentary and Health… Accepted

The Committee welcomes the PHSO’s progress in developing the NHS and UK Central Government Complaint...

The Committee welcomes the PHSO’s progress in developing the NHS and UK Central Government Complaint Standards, in close collaboration with partner organisations. We are encouraged by the number of organisations that have volunteered to adopt the Standards. We agree that the Complaint Standards initiative has the potential to significantly reduce …

Government response. The government welcomes the Committee's support and will report on progress embedding the Complaint Standards in its first twelve months of operation, publishing feedback, best practice, training, support, and guidance early in 2024-25.
30 Conclusion Sixth Report - Parliamentary and Health… Accepted

The PHSO’s ability to lay reports before Parliament regarding thematic failings and instances of non-compliance...

The PHSO’s ability to lay reports before Parliament regarding thematic failings and instances of non-compliance with its recommendations should be a powerful mechanism to bring cases to the attention of parliamentarians, and for the subjects of those reports to be properly and fully held to account. However, it seems that …

Government response. The PHSO maintains a program of regular engagement with Parliament and shares information about key themes in complaints with Select Committee clerks. In rare cases of non-compliance, the PHSO has statutory powers to bring a case to Parliament's attention.
32 Recommendation Sixth Report - Parliamentary and Health… Accepted

We recommend that the PHSO increases its engagement with departmental Select Committees to encourage them...

We recommend that the PHSO increases its engagement with departmental Select Committees to encourage them to scrutinise PHSO reports laid before Parliament, particularly when those reports relate to findings against individual departments and public bodies under their remit.

Government response. The government states that PHSO maintains a programme of regular engagement with Parliament, including Select Committees, and shares information with Select Committee clerks about key themes or recurring issues identified in complaints.
34 Recommendation Sixth Report - Parliamentary and Health… Accepted

Ahead of the next annual scrutiny hearing, the PHSO should provide an update to the...

Ahead of the next annual scrutiny hearing, the PHSO should provide an update to the Committee on progress with its outreach activities and any evidence of its impact on the diversity of complainants and types of complaints it receives. We would welcome clarification on whether complainant diversity data in the …

Government response. The PHSO will update the Committee on the progress of its Outreach programme ahead of the next scrutiny inquiry, focusing on building trust and engagement with communities that rarely complain, and will explore options for gathering additional information about complainants …
35 Recommendation Sixth Report - Parliamentary and Health… Accepted

We also welcome the PHSO’s efforts to engage with MPs and their staff on the...

We also welcome the PHSO’s efforts to engage with MPs and their staff on the use of its services, but we believe that still more could be done in this space. The PHSO should increase its engagement with staff based in MPs’ constituency offices in particular to improve awareness of …

Government response. The government acknowledges the PACAC's role in encouraging engagement and are piloting activities with MPs' offices, including bespoke training and constituency visits based on feedback from a recent event, and will report back to PACAC on the impact of this …

Oral evidence sessions

1 session
Date Witnesses
29 Nov 2022 Amanda Amroliwala CBE · Parliamentary and Health Service Ombudsman, Rob Behrens CBE · Parliamentary and Health Service Ombudsman View ↗

Correspondence

7 letters
DateDirectionTitle
4 Jul 2023 To cttee Letter from Rob Behrens CBE on the PHSO Report - Broken trust: making patient s…
28 Mar 2023 Correspondence with Rt Hon Therese Coffey MP, Secretary of State, Department f…
10 Jan 2023 Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsma…
20 Dec 2022 From cttee Letter to Rob Behrens CBE, Parliamentary and Health Service Ombudsman on update…
20 Dec 2022 From cttee Letter to Rt Hon Therese Coffey MP, Secretary of State, DEFRA on the Environmen…
22 Nov 2022 To cttee Letter from Andreas Pottakis, Chair of the Independent Peer Review Panel on the…
1 Nov 2022 To cttee Letter from Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Serv…