ombudsman

• ombudsman


  an independent service which investigates and resolves complaints
• ombudsman is _ _ _ _


  free, fairness, accountability
• who files against who


  from the public against government agencies or other organisations
• which sectors


  public and private
• N. O'Brien


  co-operative not coercive, mandate of influence not sanction
• s5(1)(a) PCA 1967 R(Rapp)


  maladministration resulting in injustice
• they can


  make recommendations to apologise, pay compensation, change processes and address systemic issues
• PHSO


  the parliamentary and health service ombudsman
• PO


  parliamentary ombudsman, parliamentary commissioner act 1967
• HSO


  health ombudsman, health service commissioner act 1993
• PHSO investigate


  complaints about poor service and being treated unfairly by government departments and NHS England
• MR Filter


  member of the House of commons refer complaints to the PHSO on behalf of the public who have suffered injustices as a result of maladministration
• Sch 2 and 3 of PCA 1967


  the PHSO must make sure the body or bodies complained about are within their jurisdiction
• sch 4 of PCA 1967


  must make sure the complaint is about the exercise of a body's administrative functions so it doesn't fall beyond their jurisdiction
• W. Gwyn


  ombudsman or ombudsmouse (large amount of functions which fall beyond the jurisdiction of the ombuds)
• can government reject ombuds recomendation


  yes. if there is a 'cogent reason' for doing so, and ombuds can then lay a special report before Parliament where the government will have to give an explenation as to why they rejected the recommendation
• how can you challenge ombuds

  judicial review or refuse to comply and face the political consequences
• is ombuds legally binding


  no but public bodies largely comply with recomendations
• R(abcifer) v secretary of state for defence 2003


  judicial review because refused to give compensation to british citizens who were interned by the japanese in ww2 because they and their grandparents were not born in the uk and had no close link to the uk at the time of the internment
• acifer said


  decision was irrational, disproportionate, defeated the legitimate expectations of the claimants
• special review- debt of honour 2005


  were given compensation as maladministration in relation to the organisation and announcement of the scheme, eligibility criteria had not been carefully thought through
• r(rapp) v the parliamentary and health service ombudsman


  s5(1)(a) PHSO may investigate when someone believes they have suffered injustice as a result of maladministration

  maladministration may be without unlawfulness and vice verse

  maladministration- bias, delay, incompetence, neglect, arbitrariness...
• the sachenhousen case 1967


  PO, british service men who had been in concentration camps by the nazis in ww2 denied compensation by the FO

  unfairly treated, injustice as a result of maladministration, rejected their application for compensation

  FO paid
• Mr R


  UK border agency failed did not check if he was disabled and caused distress

  apologised, 5,000 compensation, agreed to review the disability awareness training provided to customs officers (individual redress and systemic improvements for wider benefit)
• Kirkham 2006-2007


  s12(3) PCA 1976 prevents PO from questioning the merits of a decision without maladministration
• s5(2) PCA 1967


  PO shall not conduct an investigation when the person aggrieved has or had a remedy in any court of law or tribunal
• PO to investigate and not

  PO to investigate complaints against the government from the governed and not against the government in its role as a consumer or employer
• government as employer


  personnel matters relating to civil servants and service personel
• government as a consumer

  contractual or other commercial transactions of government
• Cavanagh


  not to expand her investigation beyond what the complaint warrants