Political Accountability - Ombudsman Flashcards
method of enforcement for admin law
what do ombudsmen do
-investigate individual complaints based on allegations of injustice as a result of maladministration
what is the authority for ombudsmen
-Parliamentary Commissioner Act 1967
are ombudsman a judicial mechanism
no
what is the main example for ombudsmen
-Public Health Service Ombudsmen (PHSO)
what established the PHSO
-Parliamentary Commissioner ACt 1967
what resulted in the Parliamentary Commissioner Act passing
-JUSTICE (1961) and Crossman (1966) reports
what was the PCA (1967) intended to do
-address the weaknesses and gaps in political accountability mechanisms
-eg Parl’s lack of capacity to scrutinise gov decision making on behalf of citizens (individual complaints)
how many stages are there to the ombudsman activation checklist
6 stages
what are the 5 legal authorities for the 6 stages of ombudsman activation checklist
-s.5(1) PCA 1967
-Schedule 2 PCA 1967
-Schedule 3 PCA 1967
-s.5(1) PCA 1967
-s.5(2) PCA 1967
what is the first stage of the ombudsman activation checklist
-s.5(1) PCA 1967
-MP Filter
-has a written complaint been submitted through an MP
what is the second stage of the ombudsman activation checklist
-Schedule 2 PCA 1967
-is the complaint against a gov department/public body over which the PHSO has competence?
what is the third stage of the ombudsman activation checklist
-Schedule 3 PCA 1967
-is the complaint linked to an excluded matter
what is the fourth stage of the ombudsman activation checklist
-s.5(1) PCA
-is there evidence of injustice through maladministration
what is the fifth stage of the ombudsman activation checklist
-s.5(2)
-is the PHSo satisfied that there is no alternative procedure to review the complaint?
what is the sixth stage of the ombudsman activation checklist
-does the PHSO believe there is a reasonable prospect of success
summarise the ombudsmen activation checklist
-s.5(1) MP Filter (written complaint)
-Schedule 2 does PHSO have competance over it
-Schedule 3 is it an excluded matter
-s.5(1) injustice through maladministration
-s.5(2) no alternative ?
-reasonable prospect of success
why must citizens write to an MP instead of the PHSO directly
-thru MP filter, Parl preserves their primary constitutional role with respect to the scrutiny of UK gov /public decision making
explain Schedule 2+3 PCA 1967
-PHSO must have competancy over gov body/public authority + cannot be regarding excluded matter
-eg decisions affecting nayional security
explain s.5(1) PCA injustice as a result of maladministration
-maladministration + injustice not defined in act
-maladministration broadly construed via Crossman Report 1966 and 6 Principles of Good Administration (2009)
-injustice must be a result of maladministration (SoS Work and Pensions (2007)
injustice does not require actual loss
how is maladministration defined
-not in PCA 1967
-Crossman Report 1966 = bias, neglect, incompetance, delay etc
-also rudeness, inadequate advice etc
-6 principles of Good Administration=
- getting it right
-being customer focused
-being open and accountable
-acting fairly and proportionately
-putting things right
-seeking continuous improvement
what are the 6 principles of good administration
getting it right
-being customer focused
-being open and accountable
-acting fairly and proportionately
-putting things right
-seeking continuous improvement
how is injustice defined
-not in PCA 1967
-doesnt require actual loss
-extends to outrage, distress, anxiety etc
-must have a causal link from maladministration (SoS Work and Pensions (2007)
what is SoS for Work and Pensions (2007) an authority for
-must be causal link between maladministration and injustice
-‘at least a material increase in risk, or the loss of a chance of a better outcome caused by maladministration’
give 4 exmaples of remedies PHSO offers through recommendations
-request for apologies
-directions to award specific benefits
-requirements to make compensation payments
-recommednations to review procedures/ make systematic change
how do ombudsmen contribute to admin law’s broader facilitative function promoting governance
-seeking to promote systematic change through recommendations and remedies
are PHSO recommendations binding?
no, but have high compliance rates which points to effectiveness
what is s.10(3) PCA 1967
-empowers PHSO to submit a special report to Parl in instances of non-compliance to prompt intervention
-these reports are also non binding
give an example of a recent ombudsman that was remedied/ responded to
-WASPI report (campaign by old women affected by changes to state pension age imposed without sufficient notification)
-report found injustcie through maladministration
-UKG accepted maladminstration via delays and handling complaints and apologised
-UKG rejected that it led to injustice and maladministration via communication
what recommendations did the UKG accept in the PHSO report for WASPi
-UKG accepted maladminstration via delays and handling complaints and apologised
what recommendations did the UKG reject in the PHSO report for WASPI
-UKG accepted maladminstration via delays and handling complaints and apologised
-UKG rejected that it led to injustice and maladministration via communication
what are the 5 key differences between PHSO and judicial review
-scope
-remedies
-audience
-method
-cost
what are the 5 key differences between PHSO and judicial review explained
-scope (PHSO investigating maladministration extends beyond grounds of review recognised by courts)
-remedies (PHSO non binding recommendations)
-audience (PHSO dont just solve disputes but seek systemtic improvements)
-method (PHSO is inquisitorial)
-cost (PHSO is free)
give an example case where an ombudsman was used after a failed judicial review outcome
-ABCIFER (2003)
-unsuccessful judical review
-subsequent investigation by Ombudsman found evidence of maladministration causing justice
-gov accepted recommendations
explain ABCIFER 2003
-unsuccessful judical review
-subsequent investigation by Ombudsman found evidence of maladministration causing justice
-gov accepted recommendations
