Tribunals, Inquiries & Ombudsmen Flashcards
(19 cards)
What are the principles of good as per Parliamentary and Health Services Ombudsman 2009
Getting it right
Being customer focused
Being open & accountable
Acting fairly and proportionally
Seeking continuous improvement
What is an ombudsman
A means by which individuals are able to raise their grievances about the way their situation has been addressed by the state without going to court
What are the 4 routes to redress - forms of administrative justice
Judicial review
Tribunals
Complaints
Ombudsmen
What is the process of an ombudsman investigating an issue
Can the ombudsman investigate - Was it duly made, time frame, by person effected etc.
Are there other remedies available
Did maladministration occur
Has public body accepted the findings
What is maladministration
“Bias, neglect, inattention, delay, incompetence and so on” - The Crossman Catalogue
What is the MP filter
Individuals don’t have direct access to the ombudsman. They complain in writing to their MP who refers it to them.
This maintains role of MP as champion of constituents & holding Gov to account
What remedies can an ombudsman provide
Make recommendations
Make special report to Parliament
But Gov has final say
What was the Debt of Honour case
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
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
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 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
Ombudsman found maladministration despite court ruling government conduct lawful
Ombudsman’s recommendations are non-binding but politically influential
What is a tribunal
Hear appeal against specific decision & decide what the result should be. More expert & appropriate that courts, but right of appeal must be created
What are the 3 appellate bodies
Internal - Heard by same body as first hearing. Quick & simple
Courts - Lack of expertise & simple
Specialist body - Independent, expert
Tribunals.
What are some of the chambers of the 1st tier of tribunals
Social entitlement
Immigration & asylum
Health, Education & social care
Tax
Property
What are the chambers of the upper tribunal
Administrative appeals
Immigration & asylum
Tax & chancery
Lands
Are upper tribunals subject to JR
Not generally - R (Cart) v Upper Tribunal
Tribunal procedure positives and negatives
+ Adapted to nature of dispute
Quicker, cheaper, more expert & convenient
Firmly established as part of judicial system
Restructuring strenghtened position
- Can only deal with cases when express right is given
What are public inquiries
A public investigation ordered by the government into a matter of public concern to examine past events & decisions in detail & critically
Give some examples of public inquiries
Grenfell tower inquiry
COVID 19 inquiry
When can a minister initiate a public inquiry
Particular events have caused public concern
Public concern particular events may have occurred
What is the function of public inquiries
Establish what happened
Determine accountability
Prevent recurrence of event & incorporate findings into public policy
What are some drawbacks of public inquiries
Limited by their “terms of reference,” which sets out what they can investigate
- The Saville Inquiry - over time & budget
Minimal legislature or administrative guidance as to how they should be run
Expensive
Not binding & only sanction is public criticism
