Ombudsman

• What is the Ombudsman Association?

  • Is an independent service that investigates & resolves complaints
  • Are free to use & are impartial in their investigations: does not take sides as they made decisions based on what is fair
• What does an Ombudsman provide?

  • Providing redress for individuals
  • Identifies any systemic issues
  • Provides feedback to help improve services & complaint handling
• What powers do Ombusmans normally have?

  • To investigate & make decisions on complaints brought by them
  • Provides recommendations to apologise, change processes & procedures
  • To award compensation
• What is the role of a Parliamentary Ombudsman according to the Parliamentary Commissioner Act 1967?

  Role: to investigate complaints that individuals have been treated unfairly or have received poor service from government departments or NHS England.
• What Act provides powers to Parliamentary Ombudsmen?

  Parliamentary Commissioner Act 1967
• How are complaints referred to a Parliamentary Ombudsmen?

  Complaints are referred to the PHSO by a MP of HoC on behalf of a member of the public who claims to have suffered injustice because of maladministration (complaints about government departments/other public organisations)
• What two things must be ensured when deciding to investigate a complaint?

  1. The body or bodies complained about are within their jurisdiction (bodies listed in Schedules 2 & 6 of the 1967 Act)
  2. The actions complained about are not matters that the PHSO is precluded from investigating by the terms of Schedule 3 to the 1967 Act, which lists administrative matters over which they have no jurisdiction.
• What common recommendations can an Ombus provide to a public body?

  • Acknowledging their mistakes
  • Apologising
  • Making a payment
  • Improving public services
  • Work with Parliament’s Select Committees and MPs to hold the Government and public services to account for delivering improvements
• How is JR different from an Ombuds?

  JR: can look at cases in which decisions have been taken that were unlawful

  Ombuds: can look at maladministration and has soft powers
• What are the limitations of the PHSO?

  • The PHSO has a non-judicial character
  • The PHSO has no own-initiative power
• What are some advantages of the PHSO?

  • Is informal & does not require lawyers (good for victims)
  • Has more flexibility to reach decisions
  • Free
  • A court can reach a decision and enforce it
• What is one way that public authorities can challenge an Ombuds decision?

  They can challenge the legality of an ombudsman’s decision in the courts, or they can refuse to comply and await the political consequences
• What are some of the side discretionary powers that an Ombuds can have?

  • To accept a complaint
  • To set the terms of reference for the investigation
  • To choose the interpretation to give to maladministration
• According to Kirkham 2006, what issue would arise if a Parliamentary Ombuds interprets widely when deciding a complaint?

  It may bring them into conflict with the UK Government e.g by stating that the PO was trespassing into areas of authority which belonged to the courts alone (may be required to restrict their investigation where issues of law are involved)
• According to Kirkham, why are Ombuds so essential for public law?

  • The ombuds are not only an alternative option to the courts by which a complainant can pursue redress; they also address different grounds for finding a decision
  • Can get to the bottom of factual disputes unlike JR
  • The ombuds has investigative powers that can help establish the truth
• What reform proposal was recommended to improve Ombuds?

  The Draft Public Service Ombudsman bill in 2016
• What was the aim of the 2016 Ombudsman Bill?

  To create a single Public Service Ombudsman for UK-reserved matters and for public service matters delivered solely in England.
• What is a limitation of the 2016 Bill?

  Has not been actually enforced
• What is the PHSO?

  Is an integral part of the redress system to hold the government to account
• What factors must an Ombuds consider before taking up a complaint?

  • Where there is a defined route set out in law to get redress, the Ombuds will not investigate the complaint as the more formal route is better suited
  • The Ombuds will also consider whether it is likely that they could achieve a meaningful outcome for the complainant.
• What is the meaning of maladministration according to a 2015 High Court judgment?

  Maladministration: is a different concept from unlawfulness and will cover ‘bias, neglect, delay, incompetence... arbitrariness and so on’.
• How much discretion is an Ombuds given when investigating?

  VERY WIDE:

  The PHSO have discretion to decide how to investigate complaints and to decide what test to apply when making decisions about maladministration.
• What were the facts prior to the case of R (Delve) v Secretary of State for Work and Pensions [2019]?

  • 1993: Equality & State Pension Age (where the Government would equal the pension age with both men & women and be communicated by the Government)
  • Pensions Act 2011: planned to increase the pension age for women to 68 however things kept changing (therefore confusion was created)
  • Investigation of complaints that the DWP, since 1995 has failed to provide accurate, adequate and timely information about changes to the State Pension age for women.
• What were the outcomes of the R (Delve) case?

  • There was no legal duty to communicate the changes in State Pension age, and
  • The Courts found as a matter of fact that the steps DWP took to communicate the changes were adequate.
• How did the PHSO interpret the outcomes of the R (Delve) case?

  • The PHSO agreed with the Courts that there was no legal duty to communicate the changes.
  • However, this does not mean that there was no requirement for DWP to adequately communicate the changes as a matter of good administration.
  • The PHSO consider the Courts only reached a binding decision on the question of whether a legal duty to notify existed. No finding of fact was made about the adequacy or otherwise of DWP’s communication of changes to State Pension age.
• What are ways that an Ombuds are more efficient than the courts in dealing with maladministration?

  • As they are informal & more accessible: can provide an easier route for individuals to address grievances against government agencies or public bodies
  • Even if not legally binding, their responses can lead to change
  • Can lead to quicker resolutions and can often result in improvements to the administrative processes of the organizations involved.
• What are ways that the Courts are more efficient than the Ombuds in dealing with maladministration?

  • Courts: are better equipped to handle legal disputes and matters where there are clear violations of law or legal rights
  • Have the authority to compel parties to comply with their decisions, including ordering compensation or other remedies
• What should individuals consider when wanting to use Ombuds for their complaints?

  Must consider the nature and severity of the complaint, as well as the desired outcome of the complainant
• What types of cases are best suited for Ombuds?

  Minor grievances or issues of maladministration that do not involve significant legal question (Ombuds can provide more practical & effective means of redress)
• What types of cases are not best suited for Ombuds?

  More serious cases involving legal violations or fundamental rights: more suited through the court system