Ombudsman

  • Created by: jesskeayy
  • Created on: 05-05-19 15:49
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  • Ombudsman
    • Investigates complaints where members of the public think they have been given poor service by a gov department or public body
    • Set out by Parliamentary Commissioner Act 1967
      • Acts as Heath service ombudsman under separate legislation
        • Parliamentary Commissioner for Administration
    • Officer investigates complaints by citizens about maladministration by other government officials
      • Has to be independent
      • Introduced in 1967, with tension from MPs
    • 'MP filter'. Have to be referred to ombudsman by an MP, you can't complain directly
      • MPs under no obligation to make a referral to the ombudsman. Another MP can put forward the case if approached
      • Possible to refer, even if they do not support it
    • Only eligible if they have exhausted all internal remedies- has a grievance been put to the department/ public body
      • Usually has to be done within a year
      • Some exclusions as to what the ombudsman can and cannot investigate
    • Maladministration- public body not acting properly/ fairly or having given poor service
      • Richard Crossman (1996) defines as 'bias, neglect, inattention, incompetence, ineptitude, perversity, turpitude, arbitrariness etc'
    • Powers- 1. can summon persons and powers. 2. absolute privilege to protect his reports. 3. powers of a High Court Judge. 4. cannot enforce recommendations. 5. usually a settlement
    • Decisions cannot be appealed, but a complaint can be made about the decision. Decisions are subject to judicial review
      • Re Fletcher's Application [1970]
    • Accountability- accountable to parliament and select committee on Public Administration and Constitutional Affairs
      • Examines reports and can consider systematic complaints
      • Independent of government- findings cannot be overruled by ministers
      • Remuneration by treasury
      • Appointed by government through competitive process

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