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Proceeding contribution from Crispin Blunt (Conservative) in the House of Commons on Friday, 4 February 2011. It occurred during Adjournment debate on Don and Anita Horton.


Don and Anita Horton

That is a probing intervention, so let me deal with issues that are related to that. The Department for Work and Pensions operates a scheme whereby members of the public can report benefit fraud anonymously. That can be done online or by telephoning the national benefit fraud hotline. The Department for Work and Pensions does not disclose the details of people who report fraud but make it clear that they wish to remain anonymous. They are treated as informants and their identities will be revealed only if the court orders disclosure. I appreciate my hon. Friend's concern for his constituents. They feel that they have suffered as a consequence of their willingness to perform a public duty. I am very sorry if they feel that they have experienced profound difficulties and understand their concerns about the way in which they believe that the Department for Work and Pensions has dealt with their case. Of course, this disappointment will be redoubled by the fact that Mrs Horton was a former employee. If anyone is not satisfied with how Jobcentre Plus has dealt with their case, it is open to them to contact the independent case examiner for a review of the case. The independent case examiner acts as an independent referee for people who feel that a number of Government agencies or businesses have not treated them fairly or dealt with complaints in a satisfactory manner. These agencies or businesses include Jobcentre Plus. If the independent case examiner accepts the complaint for action, and if it cannot be addressed without full examination, an investigation undertakes a review of the paper evidence provided by the agency or the business concerned. The officer then considers whether the complaint can be settled through mediation. If mediation is not appropriate, a report is submitted to the independent case examiner, who will consider whether there is any evidence of maladministration. If there is evidence of maladministration and the agency or business concerned did not offer redress before the referral to the examiner, the complaint will be upheld. Complainants must approach the independent case examiner within six months of receiving a final reply to their complaint from the agency or business they consider to be unsatisfactory. In the case of my hon. Friend's constituents, I understand that the final letter was sent by the chief executive of Jobcentre Plus on 31 August last year. This letter explained that the independent case examiner offers a free, impartial resolution service and gave details of how it may be contacted. Therefore, his constituents have until the end of the month to initiate the complaints procedure, should they wish to do so. If a complaint is made, and should the examiner find that there was maladministration by Jobcentre Plus that caused them hardship or suffering, I understand that the agency can consider making an ex gratia payment. My hon. Friend also complained about how the Information Commissioner's Office responded to allegations of breaches of data protection legislation and about how information about his constituents was handled by Jobcentre Plus. The Government take the protection of personal data and the effectiveness of public bodies, such as the ICO, very seriously. However, the ICO is an independent public body set up to uphold information rights in the public interest. Because of its independence, it would be inappropriate for me, on behalf of the Government, to comment on the ICO's handling of any particular case. If having exhausted the ICO case review and his own service complaints procedure, however, a member of the public remains dissatisfied with the ICO's handling of a case, the parliamentary and health service ombudsman has responsibility for undertaking independent investigations into complaints about Government Departments and a range of public bodies that include the ICO. It is open to my hon. Friend and his constituents, therefore, to pursue his concerns about the ICO with the ombudsman. Complaints procedures may appear formal, but they provide a way for members of the public to have their complaints against the actions of public organisations and agencies reviewed by public bodies. I hope that my hon. Friend's constituents will feel that they are still able to pursue their complaints through those routes, and that those opportunities will be of some comfort and use to them. I understand from the difficulties that his constituents have faced; the heart of anyone hearing those stories will obviously go out to them. However, they are fortunate enough to enjoy the good advice of my hon. Friend, and I am quite sure, whatever course of action he and they deem appropriate, that he will pursue the matter with his customary vigour and skill. Question put and agreed to.


Secondary information

Type
Proceeding contribution
Reference
522 c1237-8 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Fraud Intimidation Protection Police Social security benefits Witnesses Horton, Don Horton, Anita
Link
View this Proceeding contribution on www.publications.parliament.uk