Parliamentary Ombudsman

Question 1

What is the role of the Ombudsman?

Answer 1

Grievance redress for citizens

Improving administration

Question 2

Advantages of the Ombudsman?

Answer 2

Free service
Powers to call for all files of public authority and talk to them
Review cases up to 12 months after happened
Willing to solve issues of fact, unlike courts
Broader concept of admin e.g. delay, incompetence and neglect
Identifies systematic failures and recommend improvements

Question 3

Disadvantages of the Ombudsman?

Answer 3

Low awareness of scheme
MP filter
Remedies and findings aren’t binding on government
Fragmented service - cross boundaries e.g. health, social care and housing
Still last resort - where no right of appeal or tribunal/action in court
No action for commercial/contractual matters yet public activity often contracted out

Question 4

Interned British Civilians report

Answer 4

Government can reject recommendations of the Ombudsman.

Ex gratia compensation scheme for WWII/Far East
Definition of British not worked out - unequal treatment
PCA found maladministration, recommended review
MoD rejected recommendation.

Question 5

Final Salary Pension Schemes

Answer 5

Government rejected finding of maladministration.

Private sector schemes left with no money to pay out after being wound up.
Omb report found info was misleading - noting members thought ‘entirely safe’.
Suggested compensation scheme.

Question 6

R (on the application of Bradley) v SoS for Work and Pensions [2008]

Answer 6

Court ruled that government could reject a finding of maladministration but only if there were sufficient reasons.

Question 7

Equitable Life

Answer 7

Remedies of the Ombudsman are not binding.

Unable to pay out life insurance policies to its members after operating unlawfully. Failure of regulatory responsibility. Recommended independent compensation scheme to pay back members.
Labour gov - accepted SOME findings and set up ex gratia scheme for those ‘disproportionately affected’.
Coalition gov - accepted full findings but still only pay back 20p per £1 due to public spending restrictions.

Question 8

What does PCA stand for?

Answer 8

Parliamentary Commissioner for Administration. (The ombudsman).

Question 9

What does PAC stand for?

Answer 9

Public Administration Committee. They offered proposals for reform in 2014. They examine the Ombudsman’s reports.

Question 10

Proposals to reform the Ombudsman?

Answer 10

The Law Commission - Public Services Ombudsmen (2011)
Public Administration Committee - Time for a People’s Ombudsman Service (2014)
Cabinet Consultation Paper on ‘A Public Services Ombudsman’ (2015)

Question 11

The Law Commission - Public Services Ombudsmen (2011)

Answer 11

• wanted to make MP filter optional
• wanted decisions to be binding on government unless judicial review case to quash findings
• wanted presumption in favour of investigating case (this has been met, explains increase in cases taken on since 2013)

Question 12

Public Administration Committee - Time for a People’s Ombudsman Service (2014)

Answer 12

• abolish MP filter entirely
• allow telephone, email and online complaints
• allow initiation of own investigations
• oversee complaints handling in government departments
• single public services ombudsman (PSO) for England - Wales only has one for all!

Question 13

Cabinet Consultation Paper on ‘A Public Services Ombudsman’ (2015)

Answer 13

• creation of PSO merging: Parliamentary Omb, Health Service Ombudsman, Local Government Omb and Housing Omb.
• remain as final point of redress
• extend to cover all delivering services, incl. contracted out
• allow email/telephone/online etc
• gov to consider whether own investigations e.g. self-refer option for bodies

Question 14

Comparison with judicial review

Answer 14

Judicial review:

• is very costly
• 3 month time limit to bring action
• need agreed facts
• have to source own evidence
• focus only on illegality, procedural impropriety and irrationality/abuse of discretion
• can technically ignore a court ordered remedy but only by enacting legislation (so difficult)

Question 15

My argument for reform of parliamentary ombudsman

Answer 15

MP filter should be optional - may add weight to cause and good for involvement
Allow modern access to ombudsman - more accessible may increase awareness
Should extend to public activity that is contracted out
Allow own initiated investigations - but secondary to citizen’s, primacy of redressing grievances
Although PSO could work - same could be achieved by encouraging a culture of co-operation for all ombudsman bodies