Parliamentary Ombudsman

Parliamentary Commissioner Act 1967: Details the appointment, office, powers and procedures of the Parliamentary Commissioner for Administration (the ‘Parliamentary Ombudsman’). 

• Schedule Two gives the departments subject to investigation by the Ombudsman
• Schedule Three indicates matters excluded from the Ombudsman’s jurisdiction
• Amendments have been made by, inter alia,
• Parliamentary and Health Service Commissioners Act 1987 Section 1:  Amends Section 4 of the 1967 Act to exclude educational institutions, professional regulatory bodies, complaints investigators and commercial bodies from the remit of Parliamentary Ombudsman investigation.
• The Parliamentary Commissioner Act 1994: Extended the Ombudsman’s role to investigating the administration of tribunals.

Local Government Ombudsmen

Local Government Act 1974 Part III:

• Provides for the Commission for Local Administration
• Details the jurisdiction and powers of the Commissioners for Local Administration, the ‘Local Government Ombudsmen’. 
• Amendments have been made by, inter alia
• Local Government and Housing Act 1989 Section 26, amending Section 31 of the 1974 Act: Concerns the obligations of a local authority when they are the subject of an adverse report by the Ombudsman.
• Local Government Act 1988 Schedule 3 (brought into force by Section 29): Amends the 1974 Act to provide for direct access to the Local Government Ombudsman.

The European Ombudsman

The European Ombudsman’s Statute: Decision 94/262 (OJ 1994 L 113, p. 15) of the European Parliament on the Regulations and General Conditions governing the performance of the Ombudsman’s duties (9 March 1994, as amended by the Decision of 14 March 2002)

• Covers the appointment, powers, limitations and procedures of the European Ombudsman.

Charter of Fundamental Rights of the EU (note: The Charter was incorporated in the Treaty of Lisbon, but the Treaty needs unanimous approval from member states, which it has not yet received. So the Charter is not yet in effect).

• Article 41 outlines a ‘right to good administration’
• Article 43 provides for a right of individuals to complain of maladministration to the European Ombudsman

‘Code of Good Administrative Behaviour’ (‘the Code’), adopted by the European Parliament in September 2001

Generic Ombudsmen

Higher Education Act 2004 is the legislation under which the Office of the Independent Adjudicator is set up.

• Part 2 deals with the review of student complaints, and provides for the designation of an operator of a student complaints scheme.  The OIA is this designated operator.
• Schedules 1 – 3 deal with the conditions to be met by the operator of the student complaints scheme, and by the scheme itself, as well as the duties of the operator.

Freedom of Information Act 2000 inter alia outlines the expanded functions of the Information Commissioner

• Section 18 provides for the Information Commissioner and Information Tribunal
• Part III includes details ofthe general functions of the Information Commissioner
• Part IV outlines the enforcement powers of the Information Commissioner
• Part V outlines the appeals procedure to the Information Tribunal from decisions of the Information Commissioner under Part IV