Public Services Ombudsman for Wales - FOIA Information Request Breach

ICO Decision Notices

Filed March 27th, 2026

Detected March 31st, 2026

Summary

The ICO issued a decision notice finding that the Public Services Ombudsman for Wales (PSOW) breached section 10(1) of FOIA by failing to acknowledge it held information requested by a complainant. The ICO determined that PSOW did hold the information for FOIA purposes, contradicting PSOW's position. No further action or penalties were required of PSOW.

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What changed

The ICO investigated a complaint regarding PSOW's response to an FOIA request for information relating to two complaints transferred from the Public Health Services Ombudsman. The Commissioner found that PSOW held the information for FOIA purposes but failed to acknowledge this, breaching section 10(1) of FOIA. The complaint was upheld against PSOW on both grounds (FOI 10(1) and FOI 3(2)(a)).

No remedial action is required from PSOW as the ICO determined no further steps were necessary. This decision serves as guidance on FOIA obligations for public authorities, particularly regarding acknowledgment of information held for FOIA purposes. Government agencies should review their information management practices to ensure proper acknowledgment when FOIA requests are received for information within their possession.

Source document (simplified)

Public Services Ombudsman for Wales

Date 27 March 2026
Sector Central government, Regulators
Decision(s) FOI 10(1): Upheld, FOI 3(2)(a): Upheld The complainant requested copies of all information relating to two complaints which were transferred from the Public Health Services Ombudsman (PHSO) to the Public Service Ombudsman for Wales (PSOW) for investigation. PSOW stated that it did not hold the information for the purposes of FOIA. The Commissioner’s decision is that on the balance of probabilities, PSOW holds the information for the purposes of FOIA. The Commissioner also determines that PSOW breached section 10(1) of FOIA. He does not require PSOW to take any further action.