Extending Your Reach The Public Services Ombudsman Legislation Marie Anderson Northern Ireland Public Services Ombudsman 12-13 May 2016

The Statutory Offices Northern Ireland Public Services Ombudsman Northern Ireland Local Government Commissioner for Complaints Northern Ireland Judicial Appointments Ombudsman

NIPSO Remit on 1 April 2016 Northern Ireland Departments and their agencies Local Councils Health trusts, general health service providers, independent health service providers Education Authority Other bodies (Equality Commission; Older Persons Commissioner ; Northern Ireland Children’s Commissioner

Extended Jurisdiction FE and HE bodies (1 October 2016) Publicly funded schools (1 April 2017) Own initiative (1 April 2018) Complaints Standards Authority (tbc)

Public Services Ombudsman All public services, central and local government, health & social care, housing, planning, education, justice, prisons Oversight bodies Northern Ireland Audit Office (NIAO) Northern Ireland Assembly Commission

Local Government Standards 1 May 2014 to date Investigation of alleged breach of the Code Adjudication hearings Guidance on the Code Recommendations for improvement Information about the Register of Interests

Northern Ireland Judicial Appointments Ombudsman Who can complain anyone who has been an applicant in a judicial appointments process Must have complained to NIJA Commission before coming to NIJA Ombudsman and must be received by NIJAO within 28 days of Commission decision Ombudsman must investigate unless it is deemed not necessary Ombudsman may investigate a complaint made at any time (as long as complaint has been made to the Commission).

NIPSO Process Office of last resort Listed authority must signpost to the Ombudsman two weeks after complaints procedure is exhausted All listed authorities can now refer complaints to NIPSO if they are unable to resolve the complaint Alternative resolution of complaints Settlements

Health and Social Care Bodies Section 15 of 2016 Act – The Ombudsman may investigate alleged administration and the merits of a decision taken in the exercise of professional judgment in the provision of health and social care.

Maladministration Maladministration – not defined Parliamentary Commissioner Act 1967 – during debate Crossman speculated what might constitute maladministration (which became known as the Crossman catalogue) – 'A positive definition of maladministration is far more difficult to achieve. We might have made an attempt in this Clause to define, by catalogue, all of the qualities which make up maladministration, which might count for maladministration by a civil servant. It would be a wonderful exercise - bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude, arbitrariness and so on. Lord Denning commented in 1979 on this saying “and the so on would be a long and interesting list, clearly open-ended, covering the manner in which a decision is reached or discretion is exercised”.

PHSO Principles of Good Administration Getting it right Being customer focused Being open and accountable Acting fairly and proportionately Putting things right Seeking continuous improvement

The First Principle All public bodies must comply with the law and have regard for the rights of those concerned. They should act according to their statutory powers and duties and any other rules governing the service they provide. They should follow their own policy and procedural guidance, whether published or internal.

“But whether or not ‘human rights’ is in the title, all public service ombudsmen must be at the forefront in defending and promoting the human rights of ordinary people in their dealings with government.” Emily O’Reilly European Ombudsman

Extended Investigation Powers Investigation in private Same powers as a High Court judge Power to certify to High Court for contempt/obstruction Access to all ‘relevant’ evidence (including legal advice) Statutory bar on disclosure of information obtained Express power to delegate function to any person

New Reporting Powers Annual Report Report in the Public Interest Special Report Such other report as she thinks fit

New Information Sharing Powers Other Ombudsmen Other Commissioners NIAO/Local Government Auditors Regulation and Quality Improvement Authority Information Commissioner Persons at risk of health and safety (GMC, GDC, NMC)

Extended Investigation Outcome Non binding recommendations Change in practice, apology or redress NIPSO reports to: Assembly (including public interest reports) County Court – mechanism applies to all investigations where NIPSO has found maladministration and injustice Referral to Attorney General available for all cases

My Approach Openness and transparency Make it easier for public to complain Full use of Reporting Powers Quicker turnaround times for accessing LA data Reports in the public interest Share the learning from complaints

Lessons Learned Maintain the core function Small teams to develop learning Stakeholder engagement Reputational risks more complex Protect the brand The way forward Resources are key!