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The Communities and Local Government Committee calls on the Local Government Ombudsman (LGO) to raise its game significantly. To deliver its role as independent arbitrator in disputes about unfair treatment or service failure by local authorities, the Local Government Ombudsman must tackle operational inefficiencies rapidly and conduct its own activities with credible effectiveness. The LGO must implement the changes identified by the recent Strategic Business Review. The LGO management's rationale for not publishing the 2011 Strategic Business Review in full was unconvincing and suggests there may be insufficient appetite for change within the LGO. The LGO must explain which findings from the Strategic Business Review will be implemented in full and in part, and provide a timetable for this. It also needs to set out the arrangements and timetable for appointing the new Chief Operating Officer (and their responsibilities). In future the LGO must be completely clear with all parties about the criteria it applies in order to determine whether cases are assigned to be resolved through a mediated process to achieve redress, or are allocated for full investigation and formal determination. Likewise the LGO must be transparent about the procedures that apply when any case is moved from one process to another - such as when mediation fails. The Government must explain how it will monitor the implementation of reorganisation at the LGO. An annual, independent staff survey should be reinstated at the LGO with results published.
The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.
The purpose of the report is to distil experience from this parliament and to assist the new committee in the next parliament. It considers how the Committee approached its work, the way it has used research and how this might be strengthened, and its own assessment of performance against the core tasks set by the Liaison Committee. It then suggests some matters the new committee might consider examining in the next Parliament. These include both 'unfinished business', topics the Committee looked at over the Parliament to which the successors might wish to return, and new developments, which the Committee considers will emerge as major issues over the next five years.
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.
This report relates to a stroke patient who died of a pulmonary embolism. The patient's niece complained that poor care and lack of nutrition led to the patient's early death. The Ombudsmen decided that the Council and PCT in question did not act in line with recognised quality standards or established good practice and that the care the patient received amounted to service failure. However, they did not find that the poor nutrition and hydration could be linked to the patient's death
This White paper puts forward a comprehensive policy framework across public services. It sets out the principles for reforming public services and how they apply to existing policies. It also, crucially, outlines a range of wider ambitions for further consultation. The Government plans to follow five principles for modernising public services: wherever possible choice will be increased; public services should be decentralised to the lowest possible level; public services should be open to a range of providers; ensuring fair access to public services and that public services should be accountable to users and to taxpayers. In applying these principles it is recognised that different public services have different characteristics and the proposals are tailored accordingly. In essence, three different categories of public services are identified: individual services; neighbourhood services; and commissioned services. For individual services the aim is to put power in the hands of the people who use them; for neighbourhood services the aim is to put power in the hands of the elected councils; and for commissioned services, the intention is to open up and, where appropriate, decentralise commissioning to ensure greater quality and diversity.
This report presents proposals by the Law Commission for reforms to make it easier to complain if you suffer poor public services. The public services ombudsmen have wide-ranging powers to investigate complaints against health service providers, housing associations and a host of Government departments and agencies. Complaints are dealt with for free and can result in financial compensation and an apology. But the procedures for making a complaint are often outdated and inconsistent. For example, complaints must usually be submitted in writing and in some cases can be made only through an MP. The proposed reforms will help to keep cases out of court: under current rules the ombudsman should not deal with a complaint after court proceedings have begun, even if the complainant was badly advised to go to court. In future, the Law Commission would like courts to transfer appropriate cases to the ombudsman. The consultation focuses on five statutory ombudsmen: the Parliamentary Commissioner for Administration, Public Services Ombudsman for Wales, and the Local Government, Health Service and Housing Ombudsmen
This work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the ‘fourth level’ of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas of local and regional government or EU-central-local government relations. The book contains details of reform in local government up to November 2012, including an analysis of the impact of austerity measures on local autonomy where these have become significant.
'Public Law' is an introductory textbook that offers a mixture of black letter law and political analysis to give students an excellent grounding in the subject. It covers all of the key topics on undergraduate courses and includes a number of pedagogical features to aid understanding.