Information request for risk assessments relating to the health and safety of complainants, staff and third parties by PHSO
Thank you for your letter of 17 December 2014 (received on 23 December 2014) in which you requested information concerning risk assessments relating to the health and safety of complainants, staff and third parties by the Parliamentary and Health Service Ombudsman (PHSO).
As highlighted in my previous responses to you (24 July 2014 and 4 August 2014, reference FDN-195417), the Freedom of Information Act (FOIA) does not oblige a public authority to create information in response to a request for information. While I note your wish for me to respond to each of the issues raised in your letter individually, to do so would require me to comment on hypothetical matters, in effect creating information. To be clear, we do not hold specific information that would answer your questions. As risk assessments concerning health and safety are considered on a case-by-case basis, I am unable to provide you with a direct response to each of your concerns.
That being said, the PHSO has recently released updated guidance for staff, some of which may relate to your queries which you might find it helpful to see. In an effort to respond to as many of the topics your letter covers, I have attached the following documents:
Assessing risk in casework (p. 1-7)
Disclosing information about risk to a complainant or others (8-15)
Disclosing information about risk to others FAQS (16-17)
Unreasonable Behaviour policy (18-33)
Unreasonable behaviour FAQs (34-36)
Risk to Staff FAQs (37)
Summary flowcharts of: Disclosing information about risk to a complainant or others; Staff risk and the Unreasonable Behaviour policy (38-40)
Disclosure of concerns about the health and safety of patients - section 15 (41-46)
Examples and wording of disclosure of concerns about the health and safety of patients - section 15 (47-49).
Please note that the personal information of a staff member of the PHSO has been removed from document 1 in accordance with section 40(2) of the FOIA.
I hope you find this information helpful.
FOI/DP Officer
Parliamentary and Health Service Ombudsman