PHSO

Question 1

PHSO Checklist

Answer 1

1.) Written complaint to MP
2.) Complaint must be over a government department / public body which the PHSO has competence over
3.) Complaint linked to an “external matter”
4.) Evidence of injustice through maladministration
5.) PHSO is satisfied there is no alternative procedure to review the complaint
6.) Does PHSO believe in the claim’s success?

Question 2

1.) 1.) Written complaint to MP

Answer 2

S.5(1) PCA

Question 3

2.) Complaint must be over a government department / public body which the PHSO has competence over

Answer 3

Schedule 2 PCA

Question 3

4.) Evidence of injustice through maladministration

Answer 3

S.5(1) PCA

Question 3

3.) Complaint linked to an “external matter”

Answer 3

Schedule 3 PCA

Question 3

5.) PHSO is satisfied there is no alternative procedure to review the complaint

Answer 3

S.5(2) PCA

Question 4

“maladministration”

Answer 4

Though not defined in the act, maladministration includes bias, neglect, incompetence, etc (Crossman Report 1966)

Question 5

“Injustice”

Answer 5

covers distress or anxiety without requiring actual loss, and requires there to be a direct link to maladministration

Question 6

Recommendations

Answer 6

• Request for apologies
• Directions to award particular benefits
• Requirements to pay compensation

Question 7

Effectiveness

Answer 7

• High compliance rate toward PHSO recommendations
• S.10(3) PCA allows PHSO to file a “special report” to Parliament in instances of non-compliance which would result in Parliament challenging Government which can create pressure for the Government to comply with recommendations to avoid political pressure (WASPI, special reports do not bind government)