The Ombudsman Association Biennial Conference 2013 Ms. Judy Clements OBE The Adjudicator Ms. Elizabeth Derrington Independent Complaints Reviewer for Land Registry & Partner in the Independent Complaints Resolution Service

Comparison of Roles Complaint Handlers Ombudsmen Fairness Effectiveness Accessibility Openness and transparency Accountability Governance Ombudsmen Fairness Effectiveness Accessibility Openness and transparency Accountability Governance Independence Cannot use the title Ombudsman Use the title of Ombudsman unless there is a good reason not to do so

Complaint Handler members include:

What Complaint Handlers Achieve Recommendation led to revision of practice in considering grant applications…. Recommendation to introduce a protocol for CAB to act as representative….. Recommendation to organisation to improve practice on reasonable adjustments. Agency published an article….. Recommendation led to detailed guidance on a change in legislation… Recommendation led to SLAs, including time frames for comms being set out in client care letter…. Recommendation to communicate to customers reasons for delay in admission to stadium…. Recommendation led to adoption of Money Advice Liaison Group guidance on dealing with people with mental health challenges…. Recommendation for changes for candidates receiving feedback on selection process…..

The Administrative Justice Tribunals Council “The overall system of administrative justice is composed of an increasingly diverse range of schemes and techniques. But, although the AJTC welcomes the flexibility and choice that this brings, there may be risks of fragmentation and confusion. AJTC urge government to look again at a ‘one door’ approach” (para 135)

The Administrative Justice Tribunals Council “…though they are usually funded by the relevant decision-making organisation, both types of third party review schemes operate in an arms length manner and in a neutral setting, adhering to the principles that underpin ombudsman services generally … ….They provide proportionate complaint settlement and resolve many cases that would otherwise be prolonged and exacerbated if not dealt with in an independent way. Importantly, they provide regular feedback to organisations aimed at improving their future services” (para 82 )

AJTC Comparison Complaint Handlers Ombudsmen Good value to administer Free of charge to users Get to the core of the grievance Experience and expertise in the area Robust, high-quality process Consistent feedback Independence from decision-makers Ombudsmen Good value to administer Free of charge to users Get to the core of the grievance Adherence to BIOA principles Robust, high-quality process Helpful feedback Secure suitable redress

Varda Bondy and Andrew le Sueur On administrative justice: There has been “a growth in the number and nature of bodies that provide administrative redress as well as an increasing blurring of the boundaries between public and private decision-makers and resolution providers’ ” (page 4) Leading to a landscape that is “sprawling and only lightly and sporadically co-ordinated by central government’ (page 59)

Varda Bondy and Andrew le Sueur They point to the importance of: ….the scope for innovation by people with close knowledge of the day to day problems of the individual organisations

Varda Bondy and Andrew le Sueur They note the potential for dedicated complaints handlers to: ….contribute to service improvements because of Close contact The relationship of trust and challenge

Varda Bondy and Andrew le Sueur They propose principles for redress mechanisms including: Accountability VFM Fit between grievance and redress mechanisms Room for innovation Ability to contribute to improvements

Let’s not focus on the differences, but build on our similarities Conclusion Let’s not focus on the differences, but build on our similarities

Thank you Any questions?