Lecture 10: Ombudsmen Flashcards
What does administrative justice concern?
Administrative justice concerns the way public bodies handle the rights and interests of individuals and provides redress when things go wrong.
Is the delivery of justice only the responsibility of civil or criminal courts?
No, the delivery of justice is not solely the responsibility of civil or criminal courts. It extends to the day-to-day administration of government.
What is the vital role of administrative justice according to the Ministry of Justice?
The Ministry of Justice in its 2012 strategic work programme emphasized that administrative justice ensures the ability to examine individual circumstances, rule on the validity of decisions, and correct systemic issues when identified.
Why is administrative justice important in government?
Administrative justice is crucial because it ensures that the administration of government meets the requirements of justice, handling individual cases fairly and addressing larger systemic problems when needed.
What are the Principles of Good Administration according to the Parliamentary and Health Services Ombudsman (2009)?
The Principles of Good Administration are:
Getting it right
Being customer focussed
Being open and accountable
Acting fairly and proportionately
Putting things right
Seeking continuous improvement
What does the principle of “Getting it right” refer to in the context of good administration?
“Getting it right” means ensuring that decisions and actions are correct and appropriate from the start.
What does “Being customer focussed” mean in the context of good administration?
“Being customer focussed” means prioritizing the needs and expectations of individuals or groups affected by administrative decisions.
What is meant by “Being open and accountable” in good administration?
“Being open and accountable” means ensuring transparency in decision-making and taking responsibility for actions.
What does “Acting fairly and proportionately” mean in good administration?
“Acting fairly and proportionately” means making decisions that are just, unbiased, and balanced, ensuring fairness in process and outcomes.
What does the principle of “Putting things right” involve in good administration?
“Putting things right” involves correcting mistakes or addressing any wrong decisions or actions.
What is meant by “Seeking continuous improvement” in good administration?
“Seeking continuous improvement” means striving for ongoing enhancements in processes and service delivery to achieve better outcomes.
What is Judicial Review in the context of routes to redress?
Judicial Review is a legal process where a decision’s legality is challenged in the courts. It only tests whether the decision was lawful, not whether it was the right decision. It determines if the decision-making body had the power to make that decision. However, it can be slow, expensive, and disproportionate.
What is the difference between Judicial Review and other forms of redress like tribunals and complaints?
Judicial review tests the legality of a decision, whereas tribunals decide the result of an appeal against a specific decision, and complaints aim to get the relevant body to reconsider its decision informally.
Judicial review tests the legality of a decision, whereas tribunals decide the result of an appeal against a specific decision, and complaints aim to get the relevant body to reconsider its decision informally.
Tribunals are independent bodies that hear appeals against specific decisions and decide what the result should be. They are generally more expert and appropriate for certain issues compared to courts. However, a right of appeal must be established.
What are the advantages and limitations of Complaints as a route to redress?
Complaints are a quick and convenient way to get a relevant body to reconsider its actions. However, this process lacks independence and is generally more informal.
What role do Ombudsmen play in redress?
Ombudsmen add an independent element to complaints, ensuring impartiality. However, they cannot force a remedy but can recommend actions to resolve the issue.
What is the origin of the term Ombudsman?
The term Ombudsman is of Scandinavian origin, meaning ‘grievance man’ or ‘complaints officer.’
Where and when did the Ombudsman first appear?
The Ombudsman first appeared in Sweden in 1809.
What significant development in Ombudsman history occurred in 1955?
In 1955, Denmark elected its first Ombudsman, Stephan Hurwitz, who became a significant figure. He acted as an ambassador, made several trips to the UK, captivated public imagination, and received complaints from British citizens.
What historical context contributed to the development of the Ombudsman role?
The development of the Ombudsman coincided with calls to protect individuals against the increasing power of central government and to hold government officials accountable for their actions.
What was the Whyatt Report of 1961, and how did it influence the creation of the Ombudsman in the UK?
The Whyatt Report of 1961, influenced by discussions with Stephan Hurwitz, recommended that the UK should have an Ombudsman. The government initially rejected the idea, claiming it would interfere with the efficient operation of government.
What was the Labour Party’s stance on the Ombudsman before the 1964 elections?
The Labour Party was committed to establishing an Ombudsman before the 1964 elections, with the intention to have an Ombudsman with the right and duty to investigate and expose any misuse of government power affecting citizens.
What was established by the Parliamentary Commissioner Act 1967?
The Parliamentary Commissioner Act 1967 established the Parliamentary Commissioner for Administration, which also serves as the combined Parliamentary and Health Service Commissioner. The health role applies only to England.
What bodies are subject to review under the Parliamentary Commissioner Act 1967 (Schedule 2)?
Bodies subject to review include both mainstream bodies like the Home Office, HM Revenue and Customs, and the Ministry of Defence, as well as more esoteric bodies like the Advisory Council on Historical Manuscripts, Nutrition Forum, and Tate Gallery.
What subject matters are excluded from review under the Parliamentary Commissioner Act 1967 (Schedule 3)?
Exclusions from review include foreign affairs, crime, commercial matters, personnel issues, and the grant of honours. Additionally, judicial acts and legal proceedings are excluded.
What are the requirements for a complaint under the Parliamentary Commissioner Act 1967 (Sections 5 & 6)?
A complaint must be made by a person affected (unless deceased or incapacitated), must concern injustice due to maladministration, and must be filed within 12 months of the issue becoming known. There must be no right of appeal to a tribunal or court.
What factors determine if the Ombudsman can investigate a complaint?
The Ombudsman can investigate if:
The complaint was duly made.
It relates to an injustice due to maladministration.
The body is within the Ombudsman’s jurisdiction.
The issue is not an excluded matter.
What are the conditions under which the Ombudsman will investigate?
The Ombudsman will investigate if:
Other remedies are unavailable, or if it’s unreasonable to expect the complainant to resort to them (PCA 1967, s.5(2)).
What does “maladministration” mean in the context of the Ombudsman?
“Maladministration” refers to process-related issues like:
Bias, neglect, delay, incompetence, and arbitrariness (Crossman catalogue).
It does not cover the merits of decisions, only the fairness and process.
What does “injustice” mean in the context of the Ombudsman?
“Injustice” covers:
Injury redressible in a court of law, and the sense of outrage caused by unfair or incompetent administration, even without actual loss (Sedley J. R v Parliamentary Commissioner for Administration, ex p Balchin [1997]).
What is the process for an Ombudsman investigation according to PCA 1967, S.7?
The process is:
Private investigation with the public authority having a chance to comment.
The Ombudsman determines the procedure for investigation.
What happens if a public authority obstructs an Ombudsman investigation?
If a public authority obstructs the investigation, the Ombudsman can refer the matter to court. Obstruction is considered contempt of court under PCA 1967, s.9.
What are the remedies the Ombudsman can recommend?
The Ombudsman can:
Make recommendations (s.10).
If injustice isn’t remedied, they can issue a special report to Parliament.
Reports are politically influential but not legally binding.
What is the role of MPs in the Ombudsman process?
Individuals must submit complaints to an MP, who then refers it to the Ombudsman. This ensures MPs act as champions of their constituents and helps resolve matters more quickly.
What is the Ombudsman’s role in administrative justice?
The Ombudsman investigates complaints of injustice caused by maladministration and makes recommendations to resolve them. They act as a non-court-based mechanism to improve decision-making and prevent future maladministration.
What is the Ombudsman’s role in investigating systemic issues?
The Ombudsman addresses both individual grievances and systemic problems, aiming to improve decision-making and prevent future issues, thus promoting better government administration.
What was the Debt of Honour Case about?
The Debt of Honour Case involved complaints about the UK government’s WWII compensation scheme for British civilians interned by Japan. The Ombudsman found maladministration due to unclear announcements but the government initially refused to act on recommendations.
What lessons can be learned from the Debt of Honour Case?
Key lessons:
The Ombudsman’s remit is broader than legal courts and focuses on good administration, not just legality.
The Ombudsman’s recommendations are non-binding but politically influential.
The case highlighted the Ombudsman’s role in addressing both individual and systemic issues.
