Lecture 10: Ombudsmen Flashcards
What is redress?
“Redress” means to provide a remedy or compensation for a wrong or injustice.
What is Administrative Justice?
Administrative justice ensures that government actions are fair and just.
It’s not just the job of civil or criminal courts.
According to the Ministry of Justice’s 2013-2016 Strategic Work Programme, it’s crucial to have a system that looks at individual cases, checks if decisions are valid, and addresses any broader issues that may arise.
What are the Principles of Good Administration?
The principles of good administration, as outlined by the Parliamentary and Health Services Ombudsman (2009), include:
Getting it right
Being customer-focused
Being open and accountable
Acting fairly and proportionately
Putting things right
Seeking continuous improvement
What are the Routes to Redress in Administrative Justice?
The main routes to redress are:
Judicial Review: Challenges the legality of a decision but does not assess its correctness. It is slow, expensive, and disproportionate.
Tribunals: More expert and appropriate for deciding specific issues, but they require a right of appeal.
Complaints: Informal way of getting the relevant body to reconsider its decision; it’s quick but lacks independence.
Ombudsmen: Provide independent review, but cannot force remedies.
What is the Role of the Ombudsman?
The Ombudsman is an independent official who investigates complaints about unfairness caused by poor administration and suggests ways to fix the issues.
They help resolve problems, improve decision-making, and tackle broader system issues, acting as a mix of political and legal accountability.
What is the History and Background of the Parliamentary Commissioner for Administration (PCA)?
The idea of the Ombudsman, which started in Sweden, inspired the creation of the Parliamentary Comissioner for Administration (PCA) in the UK in 1967.
The Whyatt Report (1961) suggested it, but the government initially rejected it.
The Labour Party promised to set it up before the 1964 elections, and the PCA was established with the Parliamentary Commissioner Act of 1967.
What Bodies Are Subject to Review by the PCA?
The PCA reviews organizations like the Home Office, HM Revenue and Customs, and the Ministry of Defence, along with more specialized ones like the Advisory Council on Historical Manuscripts and the Tate Gallery.
However, areas like foreign affairs and crime are not included.
What is the Investigation Process of the Ombudsman?
The Ombudsman investigates complaints based on whether:
The complaint is valid and relates to maladministration.
The body is within the Ombudsman’s jurisdiction.
It is not an excluded matter.
Maladministration caused injustice.
The investigation is private, and public authorities can comment. If an authority obstructs the investigation, the Ombudsman can refer the issue to the court.
What is the Meaning of Maladministration and Injustice?
Maladministration means poor management, like neglect, bias, incompetence, or delays.
Injustice refers to unfair treatment that causes anger or frustration, even if there’s no direct harm.
This was highlighted in R v Parliamentary Commissioner for Administration (1997), where unfair processes were seen as injustice, even without actual harm.
What Remedies Can the Ombudsman Offer?
The Ombudsman can make recommendations, but they cannot order actions.
These recommendations are mostly accepted, but if the injustice is not remedied, the Ombudsman can escalate the issue with a special report to Parliament.
The government has the final say on recommendations, as seen in cases like the WASPI case related to pension age changes for women.
What is the “MP Filter” in the Ombudsman Process?
The MP filter is when:
Individuals must submit their complaints through their MP, who then refers them to the Ombudsman.
This maintains the role of MPs in holding the government accountable and helps resolve matters more quickly.
MPs can also identify patterns of poor administration and act as intermediaries.
What Happens if a Public Authority Obstructs the Ombudsman’s Investigation?
If a public authority obstructs an investigation without lawful excuse, the Ombudsman can refer the matter to court. Failure to cooperate can lead to charges of contempt of court, as outlined in the Parliamentary Commissioner Act 1967.
How Does the Ombudsman Impact the Political Process?
The Ombudsman has a political influence, as their findings and special reports are laid before Parliament.
While the reports are not legally binding, they contribute to political accountability.
The Public Administration and Constitutional Affairs Committee often reviews the government’s response to the Ombudsman’s findings.
What is the “Debt of Honour” Case and its Implications?
The Debt of Honour case was about the UK government’s compensation for WWII civilian internees.
Although the court ruled the government’s actions were legal, the Ombudsman found problems because of unclear communication.
This shows the Ombudsman’s wider role in tackling issues beyond legal matters, often suggesting fixes for larger system problems.
