Abstract
This chapter argues that the ombud should be granted Complaint Standards Authority (CSA) powers. It begins by defining these powers, since they represent a recent innovation, confined to the devolved jurisdictions of the UK. The chapter then makes a case for the adoption of CSA powers based on three arguments: evidence shows that problems within public service complaint systems are acute and urgent; the scale of these problems means that formal intervention is likely to be required; and the ombud is best placed in terms of expertise to address these issues. The chapter ends by considering arguments against CSA powers and concludes that these can be mitigated, particularly if the vision of a more powerful and conceptually coherent ombud, recommended in this book, is accepted.
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Notes
- 1.
An SPSO interviewee cited in Mullen et al. (2017).
- 2.
It should be noted that SPSO’s compliance powers are limited to issuing a declaration of non-compliance to the Scottish Parliament. In keeping with other aspects of the ombudsman’s role, therefore, the idea is that non-compliance should have political rather than legal ramifications for public bodies.
- 3.
For example, Principles of Redress (Parliamentary and Health Services Ombudsman), Principles of Complaint Management (Ombudsman Association), Axioms of Good Administration (Local Government and Social Care Ombudsman), and Valuing Complaints (Scottish Public Services Ombudsman).
- 4.
In Scotland, the SPSO works in partnership with bodies such as Audit Scotland and expects monitoring of complaint handling to be a part of the activities of other oversight bodies rather than the sole responsibility of the ombudsman.
- 5.
As will be argued below, there are some potential issues with the ombudsman taking on a new role which involves elements of redress regulation rather than the investigation of maladministration. Nonetheless, the chapter concludes, on balance, that the ombudsman remains best placed to address the systemic problems in public service complaint handling.
- 6.
Although these powers have been enacted for Northern Ireland, they have yet to be commenced.
- 7.
See: http://www.valuingcomplaints.org.uk. Accessed 8 November 2019.
- 8.
Some concern has also been expressed that CSA powers have pushed the SPSO further towards a ‘managerial’ orientation that might be at odds with other administrative justice values. See Gill et al. (2020).
- 9.
One issue that requires further consideration relates to the fundamental philosophy, purpose, and practices of complaint systems. Providing the ombudsman with Complaints Standards Authority powers provides not only an opportunity to simplify and standardise but rethink the whole purpose and orientation of complaint systems. See Gill (2018).
- 10.
Steps are already being taken in this direction. Objective 3 of the PHSO’s current strategic plan refers to developing the office’s work to help support public bodies to handle complaints better. See PHSO (2018).
- 11.
Mullen, T., Gill, C. and Vivian, N. 2017. Scotland’s Model Complaint Handling Procedures: Exploring Recent Developments and the Usefulness of Complaint Data for Administrative Justice Research. Project Report. University of Glasgow, Glasgow.
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Gill, C. (2020). The Ombud and ‘Complaint Standards Authority’ Powers. In: Kirkham, R., Gill, C. (eds) A Manifesto for Ombudsman Reform. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-030-40612-7_6
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