Topic 10 Ombudsman and inquires

• What is Administrative justice?

  Ensuring impartiality with decisions which affect people administratively
• What are Ombudsmans?

  Acts similarly to courts which focus on the government
• The Parliamentary Commissioner act 1967 introduced Ombudsman
• What is the Constitutional Position of the Parliamentary and Health Service Ombudsman?

  • An Officer of the House of Commons who is appointed by the monarchy, independent, from the government and reports to parliament
  • The ombudsman would receive complaints by MPs, since citizens cannot complain directly
  • The ombudsman would interview and investigate the issue and report to the government to be presented to a select committee
• Key areas which cannot be investigated by the Ombudsman


  • The police
  • Actions relating to foreign affairs
  • State security
  • Legal Proceedings before a court of law in the UK or international courts/tribunals or disciplinary proceedings in the armed forces
  • Personnel in the Civil Service
  • Commercial and contracting arrangements of government departments
• What is Maladministration?

  Negligence, unfairness, unprofessionalism areas (which the Ombudsman can investigate)
• The Crossman catalogue introduced the act which established the ombudsman
• Key areas which the Ombudsman can investigate

  • Rudeness (through a matter of degree)
  • Unwillingness to treat the complainant as a person with rights
  • Refusal to answer reasonable question
  • Knowingly giving advice which is misleading or inadequate
  • Ignoring valid advice or overruling considerations that produce an uncomfortable result
  • Offering no redress or manifesting disproportionate redress
  • Use of colour, sex or any other grounds
  • Omission to notify those who lose their right of appeal
• In R (Atwood) v Health Service Commissioner [2008] EWCH 215 (Admin); [2009] 1 All ER 415, it further expanded upon the quality of care and clinical judgement of doctors and health professions should also be investigated
• Powers of the Ombudsman

  • Wide range of powers including calling witnesses, production of documents from anyone, and contacting any individuals
  • After investigation a report is sent to the relevant department and MP, then sent to parliament
• In the cases of R (on the application of Bradley) v Secretary of State for Pensions [2008] and R (Equitable Members Action Group) v HM Treasury [2009] , it stated that the recommendations by ombudsman are not legally binding but has political enforcement
• Important investigations by the Ombudsman

  • Sachenhausen
  • The Barlow Clowes affair
  • Equitable Life 2007-8
• Inquiries


  Established by the government to undertake an investigation into public concern, like an ombudsman but the public investigations are conducted by ministers in matters of public concern
• Functions of inquiries


  • What happened (who was right who was wrong)
  • Learning lessons (Courts Look at certain facts with suggested remedies, an inquiry would have a broader perspective (what lessons can be learnt in the future))
• Expectations of inquiries


  • fair account of the facts
  • Learning lessons to prevent recurrence of events
  • Restoring public confidence
  • Reconciliation of difficult issues
  • Political considerations?
  • Effectiveness
  • Fairness
  • Speed
  • Economy
• Key cases of inquiries

  • The Chilcot Inquiry (Iraq War)
  • The Stephen Lawrence Inquiry (racially motivated killing)
  • The Leveson Inquiry (mobile phone hacking scandal)
  • The Independent Inquiry into Child Sexual Abuse
• What act established the Legal framework for inquiries and what did it do?

  • The Inquiries Act 2005 created a comprehensive statutory power to establish inquiries and consolidates other legislation concerning inquiries
  • The 2005 Act enables ministers to decide the form, personnel and terms of reference of an inquiry
  • The 2005 Act has been criticised for giving ministers too much power over inquiries
• Under the 2005 Act, a minister may call an inquiry when events have caused public concern. Minister retains discretion whether to call an inquiry.
• In Keyn v Secretary of State for Foreign and Commonwealth Affairs [2012] EWHC 2445, the case gives ministers discretion. They cannot be forced. There are court cases challenging this which held that government ministers can refuse inquiries in certain circumstances but must have justified reasons.
• In R (on the application of Litvinenko) v Secretary of State for the Home Department 2014, the government refused an inquiry because of foreign affairs. The court case applied pressure which forced them to actually investigate.
• The Role of judges as chairmen of inquiries

  • Chosen because the Inquiries Act 2005 allows the government to chair anyone as long as they have the proper expertise and experience
  • Appreciated for their independence
  • Valued for their skills
  • Have been appreciated for their independence and impartiality which they can bring to proceedings
  • Their availability