Tribunals; Ombudsmen; Inquiries

Question 1

Identify at least three features of good administration.

Answer 1

• Getting it right
• Being customer focussed
• Being open and accountable
• Acting fairly and proportionately
• Putting things right
• Seeking continuous improvement

Question 2

What does Schedule 2 of the Parliamentary Commissioner Act 1967 provide for?

Answer 2

Bodies subject to review by an ombudsman.

e.g. Home office, HMRC, MoD, Tate Gallery etc.

Question 3

What does Schedule 3 of the Parliamentary Commissioner Act 1967 provide for?

Answer 3

Excluded subject matters.

e.g. Foreign affairs, crime, commercial, personnel grants of honour etc.

Question 4

What is the reqiurement for investigation by an ombudsman?

Answer 4

Injustice in consequence of maladministration.

Question 5

What is the prescription on reffering an issue to an ombudsman?

Answer 5

12 months.

Question 6

• “bias, neglect, inattention, delay, incompetence, inaptitude,
  perversity, turpitude, arbitrariness and so on”

What do the above refer to?

Answer 6

Maladministration.

Question 7

If without lawful excuse a public authority were to hinder the investigation by an ombudsman, what may that individual face?

Answer 7

Contempt of court.

(See s9)

Question 8

Define ombudsman.

Answer 8

An independent official with responsibility for investigating complaints of ‘injustice’ caused by ‘maladministration’ and making recommendations to resolve them.

Question 9

What does s 6 of the PCA provide for?

Answer 9

The MP filter.

Individuals do not have access to an ombudsmen. Individuals must first write to their MP who will then refer to the matter to the relevant authority.

Question 10

What is the purpose of s 6 of the PCA?

Answer 10

To always ensure the MP is the champion of their constituents, and MPs can often resolve matters quicker.

Question 11

Can an ombudsmen order action.

Answer 11

No, they can only make recommendations. (see s10)

Question 12

Discuss one instance in which an ombudsman played an important role in eliciting an outcome.

Answer 12

The Debt of Honour Case.

• Background
• In 2000, UK government announced WWII compensation scheme for ‘British’ civilians interned by the Japanese
• Initial announcement suggested broad eligibility
• Clarification later limited eligibility to those born in the UK or with a UK-born parent/grandparent
• Led to judicial review by disappointed applicants – R (Association of British Civilian
  Internees: Far East Region) v Secretary of State for Defence [2003] EWCA Civ 473,
  [2003] QB 1397
• Claim based on legitimate expectation doctrine
• Court of Appeal ruled against claimants: announcement was too unclear to
  create a legitimate expectation
• Government’s conduct found to be lawful
• Ombudsman’s investigation
• Complaint made to the Parliamentary and Health Service Ombudsman (PHSO)
• Investigation found maladministration due to initial announcement’s lack of clarity
• Concluded injustice was caused to complainants
• Recommended government review scheme & reconsider affected individuals
• Government’s response and parliamentary oversight
• Government refused Ombudsman’s recommendations
• Ombudsman escalated by reporting to Parliament
• Public Administration Select Committee criticised government’s stance
• Government ultimately agreed to review the scheme

Question 13

What is the distinction between the role of an ombudsmen and the courts?

Answer 13

The ombudsmen additionally consider ‘good’ administration.

Question 14

What is reqiured to trigger a public inquiry.

Answer 14

Public concern.

Question 15

What is the distinction between courts and tribunals.

Answer 15

Courts: Formal, expensive, legal representation essentially necessary and not specialised.

Tribunal service: Specialised, less formal, no need for counsel and less costly.

Question 16

What are the four purposes of public inquires?

Answer 16

1. Establish what happened.
2. Determine accountability
3. Prevent recurrence of event, and
4. Incorporate findings into public policy.

Question 17

Are the findings up public inquires binding on the government?

Answer 17

No.

The government are not obligated to implement recommended changes to avoid public criticism .

Question 18

What are the four chambers of the upper tribunal service?

Answer 18

1. Administrative appeals
2. Immigration and asylum
3. Tax and chancery
4. Lands

Question 19

Are tribunals considered more adversarial, or inquisitorial?

Answer 19

Both, depends on the relevant tribunal.

Question 20

Which Act provides for the launch of a public inquiry?

Answer 20

Inquiries Act 2005

Question 21

What are the two circumstances, as outlined in the IA that allow for a public inquiry to be launched? s 1(1).

Answer 21

Where there is public concern that an event may occur, or
An event may have occurred

Question 22

What does s.5 (1) of the Inquires Act provide for?

Answer 22

The terms of reference of a public inquiry (What can and cannot be investigated).

Question 23

In the Inquires Act, does the term ‘Minister’ refer exclusively to UK Ministers?

Answer 23

No.

Question 24

Can a public inquiry determine civil or criminal liability?

Answer 24

No.

Question 25

Can a public inquiry infer civil or criminal liability through the presentation of evidence?

Answer 25

Yes.

Question 26

What enables a minister to appoint members to an inquiry?

Answer 26

Statutory instrument.

Question 27

What must the minister do before appointing members to an inquiry?

Answer 27

Seek consultation.

Question 28

What is meant by the 'terms of reference' in section 5 of the Inquiries Act 2005? (4).

Answer 28

- The matters to which the inquiries relates - Any particular matters of concern - Whether inquiry is to make recommendations - Any other maters relating to the scope of the inquiry

Question 29

Section 6 of the Inquiries Act stipulates that a minister must do what before launching an inquiry.

Answer 29

Make a statement to Parliament (Oral or written).

Question 30

The inquiries act makes a stipulation about the impartiality of inquiries. What is required of ministers to uphold the impartiality of the inquiry?

Answer 30

- Ministers must not appoint a member if they gave a direct interest in the outcome, or - A close association wit the interested party

Question 31

What is the purpose of tribunals?

Answer 31

To hear against specific decisions and what the decision SHOULD (thereby differing from judicial review)

Question 32

What are the four routes of redress following a grievance?

Answer 32

1. Judicial review 2. Tribunal 3. Complaints 4. Ombudsmen

Question 33

Provide examples of grievances brought before a tribunal.

Answer 33

Refusal of licences, benefits, asylum, permits etc.

Question 34

The tribunal may in some circumstances substitute its view for that of the decision maker, thereby differing from judicial review. (T/F)

Answer 34

True.

Question 35

What are the three appellant bodies, with regard to tribunals?

Answer 35

1. Internal (Same department, but higher) 2. Courts 3. Specialist bodies

Question 36

What is the disadvantage of seeking an appeal internally?

Answer 36

Lacks independence.

Question 37

What is the disadvantage of seeking an appeal from a tribunal through the court system?

Answer 37

- Costly, lengthy and formal procedure. - Lack of expertise.

Question 38

Trubunals are a mechanism of administration, NOT adjudication. (T/F)

Answer 38

False.

Question 39

What concerns did Frank's commission highlight with regard to tribunals?

Answer 39

Lacks impartiality and oversight.

Question 40

What was the outcome of the Leggett review in 2001?

Answer 40

- Single tribunal system - Integrated tribunal service

Question 41

What is the relevant statute when examining tribunals?

Answer 41

Tribunals, Courts and Enforement Act 2007

Question 42

What did the Tribunal, Courts and Enorcement Act 2007 do?

Answer 42

Established upper and lower tier chambers in tribunals.

Question 43

What changes have been made since the 2007 Tribunals, Courts and Enforcement Act?

Answer 43

Tribunal service merged with Courts.

Question 44

Employment tribunals fall under public law. (T/F)

Answer 44

False, but run along the same lines.

Question 45

What are the seven first tier tribunal chambers?

Answer 45

1. War pensions, and armed forces compensation 2. Health, education and social care 3. Social entitlement 4. General regulatory 5. Tax 6. Immigration and asylum 7. Property.

Question 46

What chamber do the war pensions and armed forces compensation, health, education and social care, social entitlement and general regulatory lower chambers appeal to?

Answer 46

Administrative appelas chamber.

Question 47

Under what two circumstance can the decision of an upper tribunal be judicially review.

Answer 47

1. Where it brings up an important point of principle, or 2. Any other compelling grounds

Question 48

Legal representation is necessary in tribunals (T/F)

Answer 48

False. Representation need not be legal, and those with representation see an increased success rate.

Question 49

Which government official is tasked with upholding the independence of the justiciary?

Answer 49

The Lord Chancellor.

Question 50

What is the disadvantage of tribunals?

Answer 50

No free roaming mandate.

Question 51

Paper-only appeals see a higher success rate than those presented orally.

Answer 51

False.

Question 52

Responsible government must seek to 'put things right', and the manifestation of this principle of good administration are tribunals, however What two things have weakened administrative justice?

Answer 52

1. Cuts to legal aid 2. Abolition/weakening of various appeal rights

Question 53

Which internal review process is considered to have weakened administive justice?

Answer 53

'Mandatory reconsideration'

Question 54

In recent years and particularly since COVID, the tribunal system has attempted to keep up with the modern age. What have they done?

Answer 54

Online appeal processes and the ability to lodge appeals online as opposed to on paper.

Question 55

While the tribunal service attempts to become more streamline by going online, what issue does this present?

Answer 55

Digital exclusion.

Question 56

What is the advantage of non-statutory inquiries?

Answer 56

Framework is less formal, restrictive with more flexibility and a wider scope.

Question 57

What three criticisms have been made of section 5 of the Inquires Act 2005 (Terms of Reference) ?

Answer 57

1. Too lengthy 2. Findings are not binding 3. Chair appointments

Question 58

What recommendations have been made to increase the role of a particular political accountability mechanism, while also remedying criticism of section 5 of the inquiries act?

Answer 58

Select committees play a larger role in ensuring recommendations are implemented.

Question 59

What are the two phases of the Grenfell Tower Inquiry?

Answer 59

Phase 1: Cause of the fire Phase 2: Broader contributing factors

Question 60

Who was the chair of the Grenfell Public Inquiry.

Answer 60

Martin Moore-Bick

Question 61

What was the controversy surrounding the appointment of Martin Moore-Bick as the chair of the Grenfell public inquiry?

Answer 61

Survivors wanted someone with better knowledge and experience of social housing issues.

Question 62

What were the three recommendations made by the Grenfell Tower Public Inquiry?

Answer 62

- Building regulation reform - Improved fire safety regulation - Rethink social housing policy

Question 63

Many think that inquiries are subject to a great deal of government manipulation, to ensure a favourable outcome for the government. (T/F).

Answer 63

True.

Question 64

Which government policy highlighted the campaign to uncouple public inquiries and the government, instead allowing Parliament to launch inquiries.

Answer 64

The invasion of Iraq.

Question 65

From what region of Europe did the concept of an ombudsman originate?

Answer 65

Scandanavia.

Question 66

What does ombudsmen translate to?

Answer 66

Grievances man, or complaints officer.

Question 67

What was the name of the report which recommended the introduction of an ombudsman?

Answer 67

Whyatt.

Question 68

What was the governments initial response to the introduction of an ombudsman.

Answer 68

Initially opposed the proposition in 1961, but Labour later made it a manifesto pledge in the run up to the 1964 General Election.

Question 69

Who can complain to an Ombudsman?

Answer 69

The affected party, unless dead or incapacitated.

Question 70

What are the two remedies available to the ombudsman in circumstances where the public body refuses to take onboard the recommendations made?

Answer 70

1. Issuing of a special report. 2. Judicial review

Question 71

Give examples of maladministration.

Answer 71

Bias, neglect, inattention, delay, incompetence & Inaptitude.

Question 72

Which case highlights that the reports of the ombudsman aren't legally binding?

Answer 72

Bradley.

Question 73

Which case highlights an instance in which the government refused to accept the ombudsman's findings.

Answer 73

WASPI women case. Changes to state pension eligibility for women born around 1950. Poorly communicated.