ombudsman

Question 1

what is an ombudsman?

Answer 1

an independent official who investigates complaints against public authorities to ensure fairness and accountability

Question 2

What was the first ombudsman created in the UK?

Answer 2

1967

Question 3

what does the office of the parliamentary commissioner for administration cover?

Answer 3

it covers the central government department

Question 4

what was created after the parliamentary ombudsman?

Answer 4

a NHS ombudsman

Question 5

that are the 2 offices usually referred to as?

Answer 5

parliamentary and health service ombudsman (PHSO)

Question 6

How does the PHSO mode of operation differ from other public sector ombudsman services in the UK?

Answer 6

PHSO allows direct contact for health service complaints

Question 7

What must be done before contacting the PHSO about health service complaints?

Answer 7

The normal complaints procedure must be exhausted first

Question 8

What is similar to the process of contacting the PHSO after normal complaints?

Answer 8

pre-actions protocol for judicial review

Question 9

How must complaints about UK government departments and public organisations be channeled?

Answer 9

channeled via local MP

Question 10

why is there an MP-filter in the process of handling complaint?

Answer 10

it is a parliamentary ombudsmen as MPs want the option to be involved

Question 11

What happens if an MP believes they can resolve the complaint themselves?

Answer 11

the PHSO doesn’t need to get involved

Question 12

What occurs if the MP doesn’t achieve anything or thinks the PHSO should investigate?

Answer 12

the complaint is referred to the PHSO

Question 13

What legal power does the ombudsman have concerning complaints?

Answer 13

the ombudsman has the legal power to request all relevant files

Question 14

What does Section 9 address regarding obstruction and contempt?

Answer 14

if any person obstructs the commissioner or their officers in their function the offences will be taken to court

Question 15

What can the Court do if an offence is certified under Section 9?

Answer 15

court can inquire into the matter and deal with the person charged in any matter if the offence occurred in relation to court

Question 16

What does the PHSO focus on in its investigations?

Answer 16

The PHSO investigates whether a decision or act constitutes maladministration

Question 17

what is not within the PHSO scope regarding acts?

Answer 17

does not look at the legality or illegality of an act; that responsibility falls under judicial review and the courts

Question 18

What is the role of judicial review in relation to the PHSO?

Answer 18

used to assess the legality of acts, which is separate from the PHSO’s focus on maladministration

Question 19

Is there an official definition of maladministration?

Answer 19

no

Question 20

What definition of maladministration is often quoted?

Answer 20

‘bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude and so on’ Crossman 1967

Question 21

What 4 factors did William Ried identify as maladministration?

Answer 21

1. rudeness
2. misleading advice
3. racial and sexual bias

Question 22

What did Lord Denning state about maladministration in 1979?

Answer 22

Parliament did not define ‘maladministration.’ and left it to the ombudsman to interpret

Question 23

What happens after an investigation if maladministration is found?

Answer 23

the ombudsman will make recommendations

Question 24

What types of recommendations might the ombudsman make?

Answer 24

apology and compensation

Question 25

Does the PHSO have the power to enforce its recommendations?

Answer 25

no

Question 26

Who can be involved if a public body refuses to comply with PHSO recommendations?

Answer 26

the House of Commons public administration and constitutional affairs select committee (PACASC) can be involved

Question 27

What can happen if a public body persistently refuses to comply and the PACASC doesn’t achieve anything?

Answer 27

a report can be laid before parliament

Question 28

How do most public services ombudsmen create pressure for compliance?

Answer 28

rely on devolved parliaments to create additional non-judicial remedies

Question 29

What unique power does the Northern Ireland Public Services Ombudsman have regarding recommendations?

Answer 29

recommendations can be taken to the county court

Question 30

What is the status of findings from the Local Government and Social Care Ombudsman (LGO)?

Answer 30

they are binding and can only be rejected by public bodies

Question 31

What is the primary role of the Prisons and Probation Ombudsman (PPO)?

Answer 31

PPO carries out independent investigations into complaints and deaths in custody

Question 32

what are the three main duties of the PPO?

Answer 32

1. to investigate complaints made by prisoners
2. to investigate deaths of prisoners and young people
3. to investigate deaths of recently released prisoners

Question 33

what is the purpose of the PPO’s investigations?

Answer 33

understand what happened and correct injustices