ombudsman Flashcards
what is an ombudsman?
an independent official who investigates complaints against public authorities to ensure fairness and accountability
What was the first ombudsman created in the UK?
1967
what does the office of the parliamentary commissioner for administration cover?
it covers the central government department
what was created after the parliamentary ombudsman?
a NHS ombudsman
that are the 2 offices usually referred to as?
parliamentary and health service ombudsman (PHSO)
How does the PHSO mode of operation differ from other public sector ombudsman services in the UK?
PHSO allows direct contact for health service complaints
What must be done before contacting the PHSO about health service complaints?
The normal complaints procedure must be exhausted first
What is similar to the process of contacting the PHSO after normal complaints?
pre-actions protocol for judicial review
How must complaints about UK government departments and public organisations be channeled?
channeled via local MP
why is there an MP-filter in the process of handling complaint?
it is a parliamentary ombudsmen as MPs want the option to be involved
What happens if an MP believes they can resolve the complaint themselves?
the PHSO doesn’t need to get involved
What occurs if the MP doesn’t achieve anything or thinks the PHSO should investigate?
the complaint is referred to the PHSO
What legal power does the ombudsman have concerning complaints?
the ombudsman has the legal power to request all relevant files
What does Section 9 address regarding obstruction and contempt?
if any person obstructs the commissioner or their officers in their function the offences will be taken to court
What can the Court do if an offence is certified under Section 9?
court can inquire into the matter and deal with the person charged in any matter if the offence occurred in relation to court
What does the PHSO focus on in its investigations?
The PHSO investigates whether a decision or act constitutes maladministration
what is not within the PHSO scope regarding acts?
does not look at the legality or illegality of an act; that responsibility falls under judicial review and the courts
What is the role of judicial review in relation to the PHSO?
used to assess the legality of acts, which is separate from the PHSO’s focus on maladministration
Is there an official definition of maladministration?
no
What definition of maladministration is often quoted?
‘bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude and so on’ Crossman 1967
What 4 factors did William Ried identify as maladministration?
- rudeness
- misleading advice
- racial and sexual bias
What did Lord Denning state about maladministration in 1979?
Parliament did not define ‘maladministration.’ and left it to the ombudsman to interpret
What happens after an investigation if maladministration is found?
the ombudsman will make recommendations
What types of recommendations might the ombudsman make?
apology and compensation
Does the PHSO have the power to enforce its recommendations?
no
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
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
How do most public services ombudsmen create pressure for compliance?
rely on devolved parliaments to create additional non-judicial remedies
What unique power does the Northern Ireland Public Services Ombudsman have regarding recommendations?
recommendations can be taken to the county court
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
What is the primary role of the Prisons and Probation Ombudsman (PPO)?
PPO carries out independent investigations into complaints and deaths in custody
what are the three main duties of the PPO?
- to investigate complaints made by prisoners
- to investigate deaths of prisoners and young people
- to investigate deaths of recently released prisoners
what is the purpose of the PPO’s investigations?
understand what happened and correct injustices
