Abstract
This chapter explores a range of legislative reform measures that will add clarity and refinement to the powers and procedural fairness of the ombud design. Some are relatively minor and uncontentious, while others address flaws that have been identified in legal dispute. Not all were included in the 2016 draft Bill. This chapter also highlights how, as pressure on it has grown, the ombud sector has taken the initiative in devising new techniques to allow for enhanced accountability. These include measures to be more transparent in decision-making and to reconsider its decisions, and these new practices should now be made a duty in legislation. Finally, the chapter argues for the new legislation to be written in framework form wherever possible, to facilitate subsequent flexibility and amendment.
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Notes
- 1.
Formally, there are two exceptions to this in the SLCC and the Pensions Ombudsman, but by law both are heavily circumscribed appeal routes, see Legal Profession and Legal Aid (Scotland) Act 2007: s.21 and Pension Schemes Act 1993: s. 151(4).
- 2.
On this matter, see Public Administration Committee 2014: para. 55. A recent experiment in recreating a similar filter for the Housing Ombudsman has been reported as only successful in a minority of cases, whilst otherwise placing a fresh block and delay mechanism in the dispute resolution process burdening almost all parties involved (Housing Ombudsman 2018b: 8–9).
- 3.
This measure addresses the legal problem raised in Cavanagh & Ors v Health Service Commissioner [2005] EWCA Civ 1578; Miller & Anor v The Health Service Commissioner for England [2018] EWCA Civ 144.
- 4.
This became a major factor for the PHSO which has recently reversed a previous policy of not quashing reports (PACAC 2016–17: 11–12). The point in law, however, remains unclear.
- 5.
Nb Schedule 1, para 7 of the Draft Public Services Ombudsman Bill, partly addresses this point but as currently written is insufficient.
- 6.
Most ombuds already provide such information.
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Kirkham, R. (2020). Strengthening Procedural Fairness and Transparency Through Ombudsman Legislation. In: Kirkham, R., Gill, C. (eds) A Manifesto for Ombudsman Reform. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-030-40612-7_8
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DOI: https://doi.org/10.1007/978-3-030-40612-7_8
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