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

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

3. 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

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

5. 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

6. 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

7. 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).

8. 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

9. 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.

10. 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”.

11. 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

12. 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.

14. “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

15. 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

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

17. 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)

18. 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

19. 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

20. 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!