Controls on power Ombudsmen Flashcards
(19 cards)
What is administrative justice?
To ensure individual rights are respected and errors or injustices by public bodies are corrected.
Why is administrative justice important?
To ensure individual rights are respected and errors or injustices by public bodies are corrected.
What did the Ministry of Justice emphasize about administrative justice?
It must examine individual circumstances, validate decisions, and fix systemic issues.
Name four routes to challenge a public body’s decision.
Judicial review, Tribunals, Complaints, Ombudsmen.
Name 3 principles of good administration.
Getting it right, Acting fairly, Being open and accountable.
What does judicial review test?
Whether a decision is lawful, not whether it was “right”.
What makes tribunals more appropriate than courts for some disputes?
They are specialized and faster but must have statutory basis.
Where does the term “Ombudsman” come from?
Scandinavian origin; means “grievance person”.
What role did Stephan Hurwitz play?
Promoted the ombudsman model in Europe, influencing UK reform.
What did the PCA 1967 establish?
The Parliamentary Commissioner for Administration (Ombudsman).
What are the main conditions for an Ombudsman investigation?
Body must be in jurisdiction, no other remedy available, claim involves injustice from maladministration.
What are examples of maladministration?
Bias, delay, rudeness, misleading advice, unfair procedures.
What counts as injustice in Ombudsman terms?
Even non-legal harm or unfair treatment can count as injustice.
Are investigations public or private?
Private; bodies get a chance to comment; Ombudsman sets process.
What happens if a public body obstructs an investigation?
It can be treated like contempt of court (PCA 1967, s.9).
What is the MP Filter?
Complaints must go through an MP before reaching the Ombudsman.
Are Ombudsman recommendations binding?
No, but most are followed; political pressure helps enforce them.
Name two specialized ombudsmen.
Financial Ombudsman, Local Government and Social Care Ombudsman.
What did the Ombudsman find in the Debt of Honour case?
Maladministration due to unclear eligibility rules despite court ruling the gov’t acted lawfully.
