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
- Acts as Heath service ombudsman under separate legislation
- 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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