UK Ombudsman
Ombudsman have become a feature internationally in the last 50 years. There is a general Ombudsman, the Parliamentary Ombudsman with a wide remit in relation to administration and maladministration.
There are also a number of Ombudsman in various sectors including Legal Services Commissioner, Housing Ombudsman, Banking Commissioner, Corporate Estate Agents Commissioner, Pensions Commissioner, Personal Investment Authority Ombudsman, Prisons Ombudsman, Investment Commissioner, Insurance Commissioner, Local Government Commissioner.
The first Parliamentary Ombudsman was appointed in the late 1960s. He was appointed by the Crown on advice of the government after consultation with the Public Administration Select Committee. The role and appointment are indefinite during good behavior.
The role is to be independent of the government. Legislation in the early 1970s introduced Health Service Commissioners for each of England, Scotland, and Wales. These were later amalgamated into the Parliamentary Ombudsman.
The purpose of the Office of Parliamentary and Health Service Ombudsman is to resolve complaints impartially, to promptly provide appropriate redress for grievances, to report on the results of complaints to relevant bodies and Members of Parliament, and to foster improvement in public services by feeding back results of casework to the Departments and to legislators and policymakers.
Complaints are made in writing to the local Member of Parliament. They must be made within 12 months unless the time is extended. Complaints must be based on maladministration rather than on the merits of the policy or decision in the particular case.
Non-Parliamentary Ombudsman may receive complaints directly. The Parliamentary Ombudsman receives complaints through Members of Parliament. This reflects the background in which cases of maladministration were made informally through Members of Parliament who put questions and raise the issues to Ministers or raise issues directly with the relevant government department.
The Parliamentary Commissioners Act 1967 provides that any member of the public may make a complaint where they have a claim to have sustained injustice in consequence of maladministration.
Certain areas of governmental activity are excluded from the remit of the Ombudsman. This covers many areas within the scope of Royal prerogative. It covers the police, Prime Minister’s Office, Parole Boards, Bank of England, Criminal Injuries Compensation Board. Commercial contractual arrangements are excluded.
An investigation may not be initiated where there is a right of appeal, reference, or review to a tribunal or remedy or to a court of law, unless it would be unreasonable to expect the complainant to use such a remedy.
The Ombudsman has discretion as to whether a claim should be accepted. Legal action will not be expected where it would be costly, disproportionate, or too slow.
There are exclusions in respect of matters certified by the Secretary of State or Minister to affect international relations or relations with international organizations.
- action taken in connection with the administration of the government of Her Majesty’s dominions;
- extradition;
- commencement of or conduct of any proceedings, criminal or civil in the United Kingdom;
- exercise of the prerogative of mercy;
- action taken in relation to contractual or commercial transactions;
- human resources matters in relation to personnel in relation to the Armed Forces or any office of employment;
- grant of honors, awards, or privileges.
Legislation sets out the departments which are in the remit of the Ombudsman. It includes certain non-departmental bodies added over the years.
Ombudsman have a slightly broader remit in the health services sphere. It may consider matters relating to the failure to provide a service, where there is a duty to provide it. There must be an injustice or hardship by reason of the failure. The Ombudsman retains discretion whether or not to investigate a complaint.
Maladministration, in the broad meaning, includes such things as bias, incompetence, perversity, arbitrariness, neglect, failures of service.The merits of the decision are excluded both in terms of the individual decision and the underlying policies.
The Ombudsman shall be subject to judicial review.
The Ombudsman has the powers of a court to require the attendance of witnesses, examine witnesses, and require the production of documents. General privileges, etc., in relation to cabinet documents, things which are not subject to disclosure, apply. However, it is an offense to obstruct the Ombudsman.
The Ombudsman has discretion in relation to the manner in which it undertakes an investigation. Investigations are largely informal. Witnesses are not represented legally, and evidence is not given under oath.
The Ombudsman’s decisions and findings are not legally binding. There is no right of appeal.
When the Ombudsman accepts a complaint, a report is sent to the complainant, the person who makes the complaint, and the principal officer of the relevant department. If it is not resolved, not likely to be resolved, he may lay a report before each House of Parliament.
There is no power to grant compensation. The Ombudsman may recommend departments and bodies in relation to an appropriate remedy.
Policies or changes of policy may be required. Monetary awards are modest.
The Citizen’s Charter requires public bodies to set out their objectives and publicize standards of service and establish a complaints procedure. Service providers must provide their charter. Many private statutory agencies have absorbed a significant amount of the functions formerly performed by government departments. Bodies are required to establish charters and complaints mechanisms.
There is an Ombudsman in each of the devolved jurisdictions. As of 2015, it is proposed to amend and amalgamate the Northern Ireland Assembly Ombudsman and Commissioner for Complaints.
The Local Government Ombudsman was established in 1974 to investigate maladministration in relation to services provided by local authorities as well as a range of other bodies with which they are partnered. The maladministration must be such that it causes injustice. Local authorities are obliged to take into account the Ombudsman’s report, consider and advise on what steps they have taken to comply with it or what proposed steps.