PROBLEM QUESTION STRUCTURES
Ombudsman:
- Go through the PHSO Activation Checklist
- Remedies (SPECIFIC TO OMBUDSMAN SCENARIO)
Judicial Review (Illegality, Irrationality,
*Procedural Impropriety)
- Who is the policy holder?
- What power is being exercised?
- How is that power being exercised?
- Process (procedure, standing, amenability)
- Grounds of JR (illegality, irrationality, PI)
- Remedies
For Procedural Impropriety:
- Bias
- Legitimate Expectations
- Consultation
Human Rights
- Who is the policy holder?
- What power is being exercised?
- How is that power being exercised?
- Source of challenge (S.6 HRA 1998)
- Process (procedure, standing, amenability)
- Assessing rights violation (4 steps)
- Proportionality (4 steps of Bank Mellat)
- Remedies
Public Law Revision – Ombudsman – Problem
Question
Firstly… State whether the party has complained to the public body she
is complaining about.
, EXAMPLE – In this scenario, “X” must directly go to the “Y” (the party
they are complaining about) and raise the complaint with them.
PCA 1967 = Parliamentary Commissioner Act 1967
PHSO activation checklist (7 steps in order to get a high grade):
1 S.5(1) PCA: Has a written complaint been submitted an MP?
S.6(3) PCA: Time-limit to make complaint is 12 months
EXCEPTION:
S.5(1) PCA: Parties are permitted to complain directly to PHSO
(without going to an MP) if they are a victim of crime and their
complaint concerns their treatment under the Victims’ Code
THEN… The complaint is written to the Ombudsman.
2 Schedule 2 PCA: Is the complaint against a Government
department or public body over which the PHSO has competence?
3 Schedule 3 PCA: Is the complaint linked to an “excluded matter”?
4 Has the individual attempted to resolve their grievance with the
relevant decision maker first?
5 S.5(1) PCA: Is there evidence of injustice through
maladministration? MUST explain why the injustice is connected to
the maladministration. Example – “The *injustice* is caused by the
*maladministration* because…”
6 S.5(2) PCA: Is the PHSO satisfied that there is no alternative
procedure to review the complaint?
7 Does the PHSO believe there is a reasonable prospect of success?
STATE PHSO RECOMMENDATIONS FOR CHANGE:
Examples in the context of the scenario (PHSO recommendations
to relevant body):
- Alternative complaint systems such as a letter.
- Auto-recorded phone calls whilst making all parties aware of the
recorded phone call.
- Compensation schemes.
Remedies:
PHSO recommendations are non-binding, but high compliance rates
indicate effectiveness.
S.10(3) PCA empowers PSHO to submit a Special Report to Parliament in
instances of non-compliance (to prompt parliamentary intervention to
challenge government)
To close the answer, write a statement regarding a successful
entitlement to remedies stating the Bradley and others v SoS for
Work and Pensions [2007]
Ombudsman:
- Go through the PHSO Activation Checklist
- Remedies (SPECIFIC TO OMBUDSMAN SCENARIO)
Judicial Review (Illegality, Irrationality,
*Procedural Impropriety)
- Who is the policy holder?
- What power is being exercised?
- How is that power being exercised?
- Process (procedure, standing, amenability)
- Grounds of JR (illegality, irrationality, PI)
- Remedies
For Procedural Impropriety:
- Bias
- Legitimate Expectations
- Consultation
Human Rights
- Who is the policy holder?
- What power is being exercised?
- How is that power being exercised?
- Source of challenge (S.6 HRA 1998)
- Process (procedure, standing, amenability)
- Assessing rights violation (4 steps)
- Proportionality (4 steps of Bank Mellat)
- Remedies
Public Law Revision – Ombudsman – Problem
Question
Firstly… State whether the party has complained to the public body she
is complaining about.
, EXAMPLE – In this scenario, “X” must directly go to the “Y” (the party
they are complaining about) and raise the complaint with them.
PCA 1967 = Parliamentary Commissioner Act 1967
PHSO activation checklist (7 steps in order to get a high grade):
1 S.5(1) PCA: Has a written complaint been submitted an MP?
S.6(3) PCA: Time-limit to make complaint is 12 months
EXCEPTION:
S.5(1) PCA: Parties are permitted to complain directly to PHSO
(without going to an MP) if they are a victim of crime and their
complaint concerns their treatment under the Victims’ Code
THEN… The complaint is written to the Ombudsman.
2 Schedule 2 PCA: Is the complaint against a Government
department or public body over which the PHSO has competence?
3 Schedule 3 PCA: Is the complaint linked to an “excluded matter”?
4 Has the individual attempted to resolve their grievance with the
relevant decision maker first?
5 S.5(1) PCA: Is there evidence of injustice through
maladministration? MUST explain why the injustice is connected to
the maladministration. Example – “The *injustice* is caused by the
*maladministration* because…”
6 S.5(2) PCA: Is the PHSO satisfied that there is no alternative
procedure to review the complaint?
7 Does the PHSO believe there is a reasonable prospect of success?
STATE PHSO RECOMMENDATIONS FOR CHANGE:
Examples in the context of the scenario (PHSO recommendations
to relevant body):
- Alternative complaint systems such as a letter.
- Auto-recorded phone calls whilst making all parties aware of the
recorded phone call.
- Compensation schemes.
Remedies:
PHSO recommendations are non-binding, but high compliance rates
indicate effectiveness.
S.10(3) PCA empowers PSHO to submit a Special Report to Parliament in
instances of non-compliance (to prompt parliamentary intervention to
challenge government)
To close the answer, write a statement regarding a successful
entitlement to remedies stating the Bradley and others v SoS for
Work and Pensions [2007]
