Third Report - Parliamentary and Health Service Ombudsman Scrutiny 2022–23
Select Committee
Public Administration and Constitutional Affairs Committee
HC 198
4 March 2024
Government response
Third Special Report - Parliamentary and Health Service Ombudsman Scrutiny 2022–23: Government and PHSO response · published 23 May 2024
Recommendations & Conclusions
13 results
1
Conclusion
Accepted
Para 13
Outline proposed steps to address service provision concerns for disabled and elderly complainants.
Conclusion
We have heard praise of the PHSO’s handling of casework, but we have also received evidence of concerns with some aspects of its service provision. The PHSO told us that it would reflect on the concerns about the service it …
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Government Response Summary
The PHSO committed to implementing disability awareness training for all staff in 2024-25, reviewing its house style and language guide for accessibility improvements, and leveraging its DDaT strategy to better understand and tailor services for disabled and elderly complainants.
2
Conclusion
Deferred
Para 16
Differentiate case resolution times by separating COVID-19 backlog figures from post-pandemic cases.
Conclusion
We welcome the fact that the PHSO has worked hard to reduce the backlog of cases created by the COVID-19 pandemic and met its target for making initial decisions about cases within seven days. However, we remain concerned by the …
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Government Response Summary
The PHSO reported that it returned to normal operating levels by March 2024 and is close to meeting its KPI targets for case closure times, providing overall performance metrics. However, it did not commit to presenting separate figures for COVID-19 backlog cases versus new cases as recommended.
3
Conclusion
Accepted
Para 17
Provide methodology details for setting case resolution targets and review for greater realism.
Conclusion
We do not accept the Ombudsman’s argument that we would have been critical of the PHSO for setting lower, yet more realistic, targets for case resolution. The setting of unrealistic targets leads to them being missed, and draws unwarranted criticism …
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Government Response Summary
The government states its current case resolution targets are based on best practice and are achievable, citing pre-pandemic performance. It indicates it will only reflect on KPIs and consider a review in the event of another significant impact on productivity.
4
Conclusion
Accepted
Outline collaboration with stakeholders to increase mediation emphasis in NHS and Government complaint standards.
Conclusion
We welcome the increase in the number of cases resolved by mediation and PHSO’s ambition to widen the range of cases resolved by mediation in 2023/24. The PHSO stressed that the cultural attitudes of stakeholders, notably in the NHS, were …
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Government Response Summary
The government confirms it maintained the number of cases resolved by mediation and widened the types of cases in 2023-24. It commits to providing a further update on mediation prior to the Committee's next inquiry.
5
Recommendation
Deferred
Para 24
Outline government collaboration with NHS England to promote mediation culture and training for staff.
Recommendation
The potential barriers presented by training and culture among NHS staff to increasing mediation cannot be overcome solely by the PHSO. Other stakeholders, including the Government, have a role to play in promoting mediation. The Government should outline how it …
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Government Response Summary
The government's response did not address the recommendation about promoting a culture and training supportive of mediation. Instead, it discussed the PHSO's 'severity of injustice' approach to case management and its ongoing testing of a new 'public value model' for triage.
6
Recommendation
Deferred
Para 30
Publish criteria for reviewing the 'severity of injustice' approach to PHSO case management.
Recommendation
We reiterate the concerns we expressed in our 2021–22 report about the PHSO’s continuation of the ‘severity of injustice’ approach to case management which means certain cases are very unlikely to be resolved and are not subject to detailed investigation. …
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Government Response Summary
The government's response did not address the recommendation to set out publicly the criteria for reviewing its 'severity of injustice' approach to case management. Instead, it detailed improvements to Service Charter scores, queue reduction, staff training, and complainant surveys.
7
Recommendation
Deferred
Detail steps to improve PHSO scores for information gathering, decision explanation, and communication.
Recommendation
We welcome the PHSO’s actions following our previous recommendation, resulting in reforms to how it conducts its Service Charter survey and differentiating the data depending on the outcome of a complaint’s case. However, we remain concerned that these changes do …
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Government Response Summary
The government's response did not address steps to improve KPI scores related to information gathering and decision making. Instead, it focused on staff turnover figures and the review of its hybrid working policy, scheduled for summer 2024.
8
Conclusion
Deferred
Assess steps to reduce PHSO staff turnover, reviewing hybrid working policy by summer 2024
Conclusion
We note the welcome increase in the PHSO’s number of staff, especially its new caseworkers. Likewise, we welcome the fact that it has retained specialist workers and has increased the amount of training it delivers to staff. This increase in …
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Government Response Summary
The government's response did not address staff turnover or hybrid working policies. Instead, it outlined the PHSO's five-year Digital, Data and Technology strategy, its ambition to be a leading digital ombudsman, and a commitment to report back on financial savings from this strategy.
9
Conclusion
Deferred
Para 51
Publish PHSO digital ambition progress update and financial savings analysis in Annual Report
Conclusion
We welcome the PHSO’s digital ambition and believe that this is a sensible way to increase value for money. We request from the PHSO a further update on progress Parliamentary and Health Service Ombudsman Scrutiny 2022–23 29 towards achieving these …
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Government Response Summary
The government's response did not address the request for an update on digital strategy progress or financial savings. Instead, it discussed the need for legislative reform for the PHSO and called on political parties to include such commitments in their manifestos.
10
Recommendation
Deferred
Require government to reconsider PHSO legislative reform and set out plans before election
Recommendation
We renew our call for legislative reform of the PHSO, the principle of which enjoys widespread support among stakeholders and the ombudsmen that would be directly affected. The PHSO have outlined to us some concrete examples of the operational issues …
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Government Response Summary
The government's response did not address legislative reform for the PHSO. Instead, it outlined lessons learned and best practices adopted from international collaborations, such as the Canadian 'Complaints Champions' model, 'roadshows' based on Dutch and Western Australian approaches, and a learning exchange on mediation with the Israeli Ombudsman.
11
Conclusion
Deferred
Para 63
Outline lessons learned and best practices adopted from PHSO collaboration with other ombudsmen
Conclusion
We welcome the PHSO’s continual collaboration with ombudsmen in other countries and across the UK, along with its collaboration with other organisations. In its response to this report the PHSO should outline the lessons it has learnt and best practices …
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Government Response Summary
The government's response did not outline lessons learned from collaboration with other ombudsmen. Instead, it detailed the successful pilot and rollout of NHS Complaint Standards, the launch of UK Central Government Complaint Standards, and the provision of training to NHS and government staff, with bespoke training for government departments expected by June 2024.
12
Recommendation
Accepted
Para 68
Publish PHSO Complaint Standards training proportions and targets for NHS and government staff
Recommendation
We welcome the progress that has been made in developing and rolling out Complaint Standards for the UK Government and the NHS. These Standards have the potential to improve the quality of public services and the handling of complaints. Ensuring …
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Government Response Summary
The PHSO reports that over 1,248 NHS learners registered and over 720 people from 145 NHS organisations completed training courses by April 2024. It also states that bespoke training for government departments is being tested and expected to launch by June 2024.
13
Recommendation
Accepted in Part
Outline departments adopting PHSO Complaint Standards and present plan for full implementation
Recommendation
We reiterate the recommendation from our previous report that the Cabinet Office should strongly encourage Government departments and public bodies to sign up to the Government Complaint Standards. In its response to this report, the Government should outline how many …
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Government Response Summary
The government agrees to strongly encourage departments to adopt the Complaint Standards, noting early adopters, but rejects mandating their use across all organisations due to their diversity, preferring a flexible approach.