ombudsman Flashcards

1
Q

what is an ombudsman?

A

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

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2
Q

What was the first ombudsman created in the UK?

A

1967

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3
Q

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

A

it covers the central government department

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4
Q

what was created after the parliamentary ombudsman?

A

a NHS ombudsman

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5
Q

that are the 2 offices usually referred to as?

A

parliamentary and health service ombudsman (PHSO)

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6
Q

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

A

PHSO allows direct contact for health service complaints

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7
Q

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

A

The normal complaints procedure must be exhausted first

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8
Q

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

A

pre-actions protocol for judicial review

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9
Q

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

A

channeled via local MP

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10
Q

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

A

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

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11
Q

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

A

the PHSO doesn’t need to get involved

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12
Q

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

A

the complaint is referred to the PHSO

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13
Q

What legal power does the ombudsman have concerning complaints?

A

the ombudsman has the legal power to request all relevant files

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14
Q

What does Section 9 address regarding obstruction and contempt?

A

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

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15
Q

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

A

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

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16
Q

What does the PHSO focus on in its investigations?

A

The PHSO investigates whether a decision or act constitutes maladministration

17
Q

what is not within the PHSO scope regarding acts?

A

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

18
Q

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

A

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

19
Q

Is there an official definition of maladministration?

20
Q

What definition of maladministration is often quoted?

A

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

21
Q

What 4 factors did William Ried identify as maladministration?

A
  1. rudeness
  2. misleading advice
  3. racial and sexual bias
22
Q

What did Lord Denning state about maladministration in 1979?

A

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

23
Q

What happens after an investigation if maladministration is found?

A

the ombudsman will make recommendations

24
Q

What types of recommendations might the ombudsman make?

A

apology and compensation

25
Does the PHSO have the power to enforce its recommendations?
no
26
Who can be involved if a public body refuses to comply with PHSO recommendations?
the House of Commons public administration and constitutional affairs select committee (PACASC) can be involved
27
What can happen if a public body persistently refuses to comply and the PACASC doesn't achieve anything?
a report can be laid before parliament
28
How do most public services ombudsmen create pressure for compliance?
rely on devolved parliaments to create additional non-judicial remedies
29
What unique power does the Northern Ireland Public Services Ombudsman have regarding recommendations?
recommendations can be taken to the county court
30
What is the status of findings from the Local Government and Social Care Ombudsman (LGO)?
they are binding and can only be rejected by public bodies
31
What is the primary role of the Prisons and Probation Ombudsman (PPO)?
PPO carries out independent investigations into complaints and deaths in custody
32
what are the three main duties of the PPO?
1. to investigate complaints made by prisoners 2. to investigate deaths of prisoners and young people 3. to investigate deaths of recently released prisoners
33
what is the purpose of the PPO's investigations?
understand what happened and correct injustices