Week 4: Tribunals; Ombudsmen; Inquiries Flashcards
Identify at least three features of good administration.
- Getting it right
- Being customer focussed
- Being open and accountable
- Acting fairly and proportionately
- Putting things right
- Seeking continuous improvement
What does Schedule 2 of the Parliamentary Commissioner Act 1967 provide for?
Bodies subject to review by an ombudsman.
e.g. Home office, HMRC, MoD, Tate Gallery etc.
What does Schedule 3 of the Parliamentary Commissioner Act 1967 provide for?
Excluded subject matters.
e.g. Foreign affairs, crime, commercial, personnel grants of honour etc.
What is the reqiurement for investigation by an ombudsman?
Injustice in consequence of maladministration.
What is the prescription on reffering an issue to an ombudsman?
12 months.
- “bias, neglect, inattention, delay, incompetence, inaptitude,
perversity, turpitude, arbitrariness and so on”
What do the above refer to?
Maladministration.
If without lawful excuse a public authority were to hinder the investigation by an ombudsman, what may that individual face?
Contempt of court.
(See s9)
Define ombudsman.
An independent official with responsibility for investigating complaints of
‘injustice’ caused by ‘maladministration’ and making recommendations to
resolve them.
What does s 6 of the PCA provide for?
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.
What is the purpose of s 6 of the PCA?
To always ensure the MP is the champion of their constituents, and MPs can often resolve matters quicker.
Can an ombudsmen order action.
No, they can only make recommendations. (see s10)
Discuss one instance in which an ombudsman played an important role in eliciting an outcome.
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
What is the distinction between the role of an ombudsmen and the courts?
The ombudsmen additionally consider ‘good’ administration.
What is reqiured to trigger a public inquiry.
Public concern.
What is the distinction between courts and tribunals.
Courts: Formal, expensive, legal representation essentially necessary and not specialised.
Tribunal service: Specialised, less formal, no need for counsel and less costly.
What are the three purposes of public inquires?
- Establish what happened.
- Determine accountability
- Prevent recurrence of event and incorporate findings into public policy.
Are the findings up public inquires binding on the government?
No.
The government are not obligated to implement recommended changes to avoid public criticism .
What are the four chambers of the upper tribunal service?
- Administrative appeals
- Immigration and asylum
- Tax and chancery
- Lands
Are tribunals considered more adversarial, or inquisitorial?
Both, depends on the relevant tribunal.
Which Act provides for the launch of a public inquiry?
Inquiries Act 2005
What are the two circumstances, as outlined in the IA that allow for a public inquiry to be launched?
Where there is public concern that an event may occur, or
An event may have occurred
What does s.5 (1) of the Inquires Act provide for?
The terms of reference of a public inquiry (What can and cannot be investigated).
