Ombudsman Flashcards
What is the Ombudsman?
An ombuds is an independent service that investigates and resolves complaints.
An ombuds is an independent service that investigates and resolves complaints
What powers do the Ombudsman have?
All have the power to investigate and make decisions on complaints brought to them (maladministration)
Decisions: recommendations to apologize, change processes and procedures, pay compensation
Are the Ombudsman a regulator or a court?
No, they are not regulators or a court.
Give an example of an Ombudsman
Health Ombudsman, their role is to help people who have been treated unfairly or received poor service from the NHS.
Where do the parliamentary Ombudsman draw their powers from?
Parliamentary commisionary Act 1967 and they serve as an Ombudsman for complaints about government departments.
When When deciding whether to investigate any individual complaint, what do the PSHO have to ensure.
the body or bodies complained about are within their jurisdiction.
Courts V Ombudsman
A JR can look at cases in which decisions have been taken that were unlawful
An Ombudsman can look at maladministration and has soft powers (no teeth)
A court can reach a decision and enforce it
What are two public authoritative things that can be done to challenge an Ombudsman decision
They can appeal the decision in a court
Or they can wait it out and wait for the political consequences.
A case that regards the Ombudsman decision being appealed in court, and did they win?
In the case of “R v Local Government Ombudsman [2005] EWCA Civ 937,” the ombudsman’s decision regarding a local authority’s handling of a housing issue was appealed to the Court of Appeal.
The court upheld the Ombudsman decision
Key elements that differ JR from the Ombudsman
JR is costly, Ombudsman services are free.
No lawyer necessary for the Ombudsman, meanwhile a lawyer is necessary for JR
Powers: JR can quash a decision or make a council reconsider its decisions. Ombudsman cant, they can push for an apology and provide guidance on good administrative services.
An example of the PSHO’s commitments.
help the organisations we investigate, regulators and others to improve public services by sharing this learning with them
The ombudsman accountability and the courts
Judicial review should be considered the appropriate solution for legal oversight of the ombudsman sector.
Judicial review acts to assist ombuds in managing their disputes with aggrieved complainants.
Judicial review acts to assist ombuds in managing their disputes with aggrieved complainants.(Judicial review can help to settle the case on a legal scope if a complainant feels as if the decision made by the Ombudsman was wrong.
Benefits of an Ombudsman
can lead to quicker resolutions and can often result in improvements to the administrative processes of the organizations involved.
can lead to quicker resolutions and can often result in improvements to the administrative processes of the organizations involved.
Disadvantage: Cannot handle things on a legislative point of view.
Compensation also isnt granted.
Benefits of the courts compared to the Ombudsman
better equipped to handle legal disputes and adjudicate 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;
Disadvantage: can be time-consuming, expensive, and adversarial, which may not always be suitable for resolving administrative grievances.
