Chapter 16 End-of-chapter questions

The Parliamentary Ombudsman is an important and perhaps the most influential of the public sector ombudsmen in the UK. Which of the following statements relating to its role are accurate? Select all that apply.

It has a statutory obligation to bring all matters it investigates before the courts.

It now investigates a greater number of complaints than it used to.

It is the only ombudsman with jurisdiction in England.

The Parliamentary Ombudsman may only launch an investigation when asked to do so by an MP sitting in Parliament.

It is the only ombudsman which is able to effect significant change.

It must lay an annual report of its work and findings before Parliament.

The Ombudsman system has a complicated relationship with Parliament. Which of the following statements relating to this relationship are accurate? Select all that apply.

Ombudsmen are able to use Parliamentary machinery, particularly Select Committees, to good effect.

Individuals appointed to the role of Ombudsman must have served as an MP for at least one term, resulting in split loyalties.

The Parliamentary Ombudsman may only launch an investigation on the behest of an MP sitting in Parliament; it therefore cannot act without (in some sense) Parliament's approval.

Ombudsmen have the power to fire Parliamentarians, meaning MPs follow their recommendations in practice.

Ombudsmen may only examine complaints relating to certain public bodies; these bodies are set out in legislation passed by Parliament. Therefore, Parliament retains ultimate control of the jurisdiction of the ombudsmen.

Ombudsmen (largely) operate as political accountability mechanisms, and cannot enforce and ensure compliance on their own. They rely on political means to have effect. Parliament is the primary body tasked with ensuring political accountability is effective in practice.

Match each of the principles of 'ombudsprudence' - those values which ought to guide the identification of malpractice by ombudsmen - to an example of each of these values being breached in practice.

A given public body is found to be regularly breaching the requirements of legislation.

A given public body requires applications made to it to be submitted in person, at an office, between 10am and 4pm. Enquiries must be made by telephone or in person. Many of those engaging with the body will be spread across the country.

A given public body has the power to approve of certain financial applications, but it has not published the criteria it uses to assess such applications.

The local authority spent considerable financial resources on ensuring aftercare provisions were applied to unaccompanied immigrants upon turning 18.

A given body has no internal complaints procedure; many problems are resolved on an ad hoc basis, and some are not resolved at all.

A given public body rarely asks for consumer feedback, and when it does, it is not taken seriously; the working practices of the body have not changed in many years.

The findings of ombudsmen do not have legally binding effect. When a recommendation is made or a conclusion is reached, it does not have to be accepted or implemented by the public body. However, there are some ways in which the public body can be compelled to act. Which of the following are examples of this? Select all that apply.

The ombudsman can put the matter before Parliament, which can either inspect the matter for itself or even recommend changes in legislation to compel certain behaviour.

The ombudsman can put the matter before the High Court, which can compel the public body to act as a matter of law.

The decision of the public body can be challenged via judicial review.

The Speaker of the House can order compliance.

The Lord Chancellor can lay down a binding legal declaration against the public body.

In relation to the Northern Ireland Ombudsman only, the aggrieved party can apply to the county court for enforcement of payment of damages.

The Draft Public Services Ombudsman Bill was published in 2016 but has not been considered by Parliament. What changes to the ombudsman system would that bill put in place if it came into law? Select all that apply.

The creation of a central ombudsman service dealing with English public services and those issues which are not the responsibility of the devolved institutions.

Making it clear that public bodies are entitled to reject both the findings and the recommendations of ombudsmen, unless it is irrational to do so.

Making ombudsman recommendations legally binding.

Allowing the Parliamentary Ombudsman to access information relating to Cabinet meetings.

The removal of the MP filter.

Allowing the Parliamentary Ombudsman to research and self-refer cases of their own initiative.

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