Chapter 14 Guidance on answering the exam questions

‘The administrative justice system is currently constructed in such a way that someone with a grievance could be directed down a number of different paths, for example an internal complaints process or an appeal process. An integrated approach to administrative justice is lacking.’ (Public Administration Select Committee, More Complaints Please! 12th Report of Session 2013–14, HC 229 [69]).

Evaluate the extent to which the administrative justice system provides a coherent, integrated mechanism for providing redress for citizens.

This requires you to take an overview of the administrative justice system and think about proposals for reform.

  • Define and explain what the administrative justice system is, why it is needed and its importance. Define redress. Explain what grievances are and how they can vary (give examples).
  • What different paths are available to aggrieved citizens?
  • The question refers to internal complaints procedures. Carry out independent research to find examples of public bodies’ internal complaints procedures. What can individuals do if they are still unhappy with the outcome?
  • Discuss the Ombudsman procedure, particularly focusing on the Parliamentary and Health Service Ombudsman. When is it an appropriate path? Are there any drawbacks?
  • Explain the role of tribunals. When would a tribunal be a suitable avenue for redress?
  • Outline the availability of the more formal process of judicial review and when that would be suitable.
  • Assess whether your discussions show an administrative justice system that provides a coherent, integrated mechanism for providing redress. What criticisms can be made?
  • What proposals have been made for reform? Look particularly at the Public Administration Select Committee’s report cited in the question.
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