Chapter 16 Self-test questions

What is the role of the Independent Case Examiner in relation to the Department of Work and Pensions?

The Independent Case Examiner acts as the ombudsman for the department.

The Independent Case Examiner acts as a 'second-tier' complaints body for the department.

The Independent Case Examiner is the judicial authority for the department.

The Independent Case Examiner provides legal advice for those wishing to launch a judicial review claim against the department.

Complaints against the actions of government departments are lodged with a single complaints system.

True

False

Which of the following statements accurately describes a finding of the National Audit Office's report on the complaints system, as reported in 2015-16?

People find the complaint system difficult to navigate.

People are less likely to complain about a private service than a public service.

Leadership within central government is perfectly capable of making system-wide improvements to the complaints process.

Too many people rely on Ombudsmen.

The Citizens' Advice Bureau has recommended a number of standards which the complaints procedures in the UK should meet. Which of the following did it identify in this respect? Select all that apply.

The system should be modernised.

Complainants should be able to rely on a single point of contact for accessing the system.

Judicial personnel should be involved.

Aggregate data should be relied upon to enhance proceedings.

Which of the following is not a key role of ombudsmen?

To investigate complaints and maladministration.

To secure appropriate redress.

To improve transparency.

To identify how things went wrong or how mistakes were made.

Ombudsmen are limited to making decisions and recommendations based on the situation of the individual(s) making a complaint to them.

True

False

Which of the following accounts of the development of the 'debt of honour' case accurately portrays events?

An initial judicial review claim into the failure to include a wider number of individuals in the scheme failed on the facts. The ombudsman investigated the decision and recommended reconsidering the scheme, but the government did not change its position. The ombudsman laid a special report before a Select Committee into the issue, but the government still refused to budge.

An initial judicial review claim into the failure to include a wider number of individuals in the scheme was successful on the facts, whilst the ombudsman's investigation recommended no changes.

An initial judicial review claim into the failure to include a wider number of individuals in the scheme failed on the facts. The ombudsman investigated the decision and recommended reconsidering the scheme, and the government amended its position. A Select Committee then looked into the issue and declared that it had been resolved satisfactorily.

An initial judicial review claim into the failure to include a wider number of individuals in the scheme failed on the facts. The ombudsman investigated the decision and recommended reconsidering the scheme, but the government did not change its position. The ombudsman laid a special report before a Select Committee into the issue, at which point the government reneged.

Each of the public sector ombudsman services in Scotland, Wales and Northern Ireland operate as a single, unified service, whereas the ombudsman services over the UK in general are fragmented and operate according to subject area.

True

False

Which of the following are public sector ombudsman services operating in the UK?

Local Government Ombudsman

Parliamentary and Health Services Ombudsman

Housing Ombudsman

Ombudsman for England

The government introduced a bill to Parliament in order to create a general ombudsman to regulate public services affecting England and UK-wide reserved matters, but it did not receive the support of the House of Commons.

True

False

Ombudsmen can only conform to one of two possible models: they can either be designed to secure redress for individuals or to deal with broader systemic issues.

True

False

The Parliamentary Ombudsman is said to be a 'servant of the House' and the relationship between the House of Commons and the Parliamentary Ombudsman is cemented in four principal ways – which of the following are examples of this? Select all that apply.

The MP filter.

The requirement of an annual report to Parliament.

The ability of MPs to dismiss ombudsmen at leisure.

The ability to lay a special report before Parliament to draw its attention to maladministration causing injustice which is unlikely to be resolved by the relevant public body.

What is the 'MP filter'?

The Ombudsman cannot undertake investigations on its own initiative, and must be instructed by an MP in order to do so.

The Ombudsman cannot investigate the actions of MPs.

MPs must directly approve of any action taken by the Ombudsman.

Any individual appointed to the Ombudsman role must be a sitting MP.

The courts apply a broader concept of good administration than the Ombudsman.

True

False

Ombudsmen can only investigate complaints against bodies listed in statute.

True

False

Ombudsmen are not permitted to investigate actions of public bodies which fall into the category of 'excluded matters'. Which of the following are some 'excluded matters'? Select all that apply.

International relations

Health and safety

Matters relating to compensation

Contractual or commercial transactions

Ombudsmen apply a concept of 'maladministration' that is defined in statute.

True

False

In which of the following contexts relating to the Parliamentary Ombudsman can judicial review occur? Select all that apply.

The Ombudsman's decision whether to undertake an investigation.

The Ombudsman's decision whether to investigate notwithstanding the possibility of a judicial review or tribunal claim.

The Ombudsman's decision about the scope of the investigation.

An MP's decision whether to refer a complaint to the Ombudsman.

What powers do ombudsmen have in terms of conducting investigations? Select all that apply.

They can access the content of Cabinet meetings.

They can require the disclosure of relevant documents.

They can require individuals to present themselves for questioning and examination.

They can refer those who obstruct their investigation to the High Court.

Public bodies have historically demonstrated a very high rate of compliance with the findings and recommendations of ombudsmen.

True

False

The reports of the Parliamentary Ombudsman are not ordinarily legally binding in the sense that a public body is not under any legal obligation to accept and follow them.

True

False

In the case of R (Bradley) v Secretary of State for Work and Pensions (the Bradley case), the court confirmed that public bodies are entitled to reject the findings of the Ombudsman, but only if they have ________ for doing so.

In the case of R (Equitable Members Action Group) v HM Treasury the court set out the test to be applied when a public body's decision to reject the recommendations of the ombudsman (as opposed to findings) is challenged. Which standard applies here?

The court can intervene if the public body does not have 'cogent reasons' for rejecting the recommendations.

The court can intervene if the public body acts irrationally in rejecting the recommendations.

The court cannot intervene at all if the public body rejects the recommendations.

The court can intervene if the public body acts with impropriety in rejecting the recommendations.

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