The Communities and Local Government Committee calls on the Local Government Ombudsman (LGO) to raise its game significantly. To deliver its role as independent arbitrator in disputes about unfair treatment or service failure by local authorities, the Local Government Ombudsman must tackle operational inefficiencies rapidly and conduct its own activities with credible effectiveness. The LGO must implement the changes identified by the recent Strategic Business Review. The LGO management's rationale for not publishing the 2011 Strategic Business Review in full was unconvincing and suggests there may be insufficient appetite for change within the LGO. The LGO must explain which findings from the Strategic Business Review will be implemented in full and in part, and provide a timetable for this. It also needs to set out the arrangements and timetable for appointing the new Chief Operating Officer (and their responsibilities). In future the LGO must be completely clear with all parties about the criteria it applies in order to determine whether cases are assigned to be resolved through a mediated process to achieve redress, or are allocated for full investigation and formal determination. Likewise the LGO must be transparent about the procedures that apply when any case is moved from one process to another - such as when mediation fails. The Government must explain how it will monitor the implementation of reorganisation at the LGO. An annual, independent staff survey should be reinstated at the LGO with results published.
This is an investigation, carried out jointly by the Health Service Ombudsman and the Local Government Ombudsman, into serious complaints about the support provided to a vulnerable person with long history involvement with mental health services, living independently in the community, by 5 Boroughs Partnership Trust and St Helen's Metropolitan Borough Council. The complaints, made by the vulnerable person's cousin, were: that the consultant psychiatrist failed to respond appropriately; that there was no support in claiming for welfare benefits; that care plans were not implemented; and that no one had responded appropriately to developing signs of risk. The first two of the complaints were not upheld but it was found that the Trust and Council had failed in their joint responsibility
This report relates to a stroke patient who died of a pulmonary embolism. The patient's niece complained that poor care and lack of nutrition led to the patient's early death. The Ombudsmen decided that the Council and PCT in question did not act in line with recognised quality standards or established good practice and that the care the patient received amounted to service failure. However, they did not find that the poor nutrition and hydration could be linked to the patient's death
This report tells the story of Mr J, who was an active, outgoing and sociable man. He had Down's syndrome. He lived independently in rented accommodation with his wife. Newcastle City Council, latterly through the Coquet Trust, provided day-to-day support to Mr J and his wife to help maintain their independence. In 2005, owing to concerns about a significant deterioration in his skills and health, Mr J was admitted to hospital for a five to six week assessment. Mr J remained in hospital for seven months, some five of those after he had been declared ready for discharge. Mr J was discharged into inappropriate locked accommodation, which he only left following his death 10 months later. Mr J was 53. Mr J's brother, Mr K, complained about the care provided to Mr J. This joint investigation with the Local Government Ombudsman found significant failings on the part of both Northumberland, Tyne and Wear NHS Foundation Trust and the Council. They are to compensate, and apologise to, the family. The NHS Trust and the Council will also prepare, share and update progress on an action plan showing what they have done (or will do) to prevent recurrence of their failings.
The public services ombudsmen provide a vital redress mechanism for aggrieved citizens; they are free for complainants, confidential and swift. This report deals with the five public services ombudsmen operating in England and Wales: (1) The Parliamentary Commissioner; (2) The Local Government Ombudsman; (3) The Health Service Ombudsman; (4) The Public Services Ombudsman for Wales; and (5) The Housing Ombudsman. The overarching aim is to recommend modernisation of the statutes for these ombudsmen: clarifying them where required; reforming them where the Commission thinks this would facilitate the work of the ombudsmen; increasing transparency and accountability where necessary. The Commission could not consider fundamental institutional design, and did not look at the creation of new ombudsmen or the amalgamation of the existing ombudsmen. The subject matter of the ombudsmen's work or the definition of "maladministration" was also not considered. The report is divided in to 5 parts including the recommendation to commission a general review of the role of the public services ombudsmen and their relationship with other institutions for administrative justice, such as judicial review or tribunals; access to the ombudsmen; the ombudsmen process; resolution, report & sharing experience; and independence & accountability
In this report the Public Administration Select Committee (PASC) calls for a 'People's Ombudsman' and says the Parliamentary and Health Service Ombudsman (PHSO), which investigates complaints against the NHS and other government departments and agencies, is outdated. Citizens should have direct and more user-friendly access to the Ombudsman. None of the Ombudsmen created since the PHSO's operations were established in legislation 47 years ago have adopted the same restricted model as the Parliamentary Ombudsman. As a priority, the restriction on citizens' direct and open access to PHSO, known as the MP filter, must be abolished (as is already the case in respect of NHS complaints). PHSO must be able to receive complaints other than in writing: such as in person, by telephone or online, just as is expected of any normal complaints system. PHSO should have powers to investigate areas of concern without having first to receive a complaint from a service user. Parliament should strengthen the accountability of PHSO. PASC, along with other Departmental Select Committees, should make greater use of the intelligence gathered by the PHSO to hold Government to account. A consultation should be held on the creation of a single public services ombudsman for England. At the same time, there must be a distinctive ombudsman service for UK non-devolved matters.
Failure to comply with parking restrictions disrupts traffic, increases road congestion, heightens risks of accidents and delays public transport schedules. The Committee's report considers a number of measures required to improve parking enforcement policy in Britain, including the key recommendation that we need to move to a single country-wide system of decriminalised parking enforcement (in place of the current dual system of localised enforcement where parking policy is administered by local authorities in some areas and by the police in others). Although transferring responsibility for parking enforcement to local government has succeeded in raising levels of enforcement and compliance, poor administrative practices causes driver frustration and wastes resources, and threatens to bring the decriminalised parking regime into disrepute. Other recommendations include: the establishment of clear performance standards in applying parking restrictions; improved recruitment, remuneration and training to ensure the development of a professional parking service; greater transparency in the procedure for challenging penalty charge notices and an increased awareness of the role of the parking adjudication service; and the need for local authorities to develop parking strategies which meet local objectives, focusing on congestion targets, road safety and accessibility issues.
This report presents proposals by the Law Commission for reforms to make it easier to complain if you suffer poor public services. The public services ombudsmen have wide-ranging powers to investigate complaints against health service providers, housing associations and a host of Government departments and agencies. Complaints are dealt with for free and can result in financial compensation and an apology. But the procedures for making a complaint are often outdated and inconsistent. For example, complaints must usually be submitted in writing and in some cases can be made only through an MP. The proposed reforms will help to keep cases out of court: under current rules the ombudsman should not deal with a complaint after court proceedings have begun, even if the complainant was badly advised to go to court. In future, the Law Commission would like courts to transfer appropriate cases to the ombudsman. The consultation focuses on five statutory ombudsmen: the Parliamentary Commissioner for Administration, Public Services Ombudsman for Wales, and the Local Government, Health Service and Housing Ombudsmen
A woman, Mrs D, and her son complained that the Environment Agency, Lancashire County Council and Rossendale Borough Council had failed to take appropriate action against a neighbour who was tipping, burying and burning large quantities of waste illegally, blocking public footpaths and intimidating anyone trying to use them. The activities, carried out over a period of seven years, made the landscape, which had been a local beauty spot, unrecognisable, made it impossible for her and her son to live peacefully in their family home; and may well have caused long-term damage by polluting the land and local water supplies. The Parliamentary Ombudsman and Local Government Ombudsman jointly investigated and fully uphold the complaint, finding maladministration, by all three bodies, that caused considerable injustice over a lengthy period. The Ombudsmen make five recommendations in relation to the complaint, including making good the financial loss on the value of the property, estimated at £35,000 by the District Valuer, and paying £60,000 compensation for the distress caused. In addition, the Environment Agency and Lancashire County Council should put in place an agreement on how to work together on illegal waste matters.
The purpose of the report is to distil experience from this parliament and to assist the new committee in the next parliament. It considers how the Committee approached its work, the way it has used research and how this might be strengthened, and its own assessment of performance against the core tasks set by the Liaison Committee. It then suggests some matters the new committee might consider examining in the next Parliament. These include both 'unfinished business', topics the Committee looked at over the Parliament to which the successors might wish to return, and new developments, which the Committee considers will emerge as major issues over the next five years.
The current Parliamentary and Health Service Ombudsman, Ann Abraham, has announced her intention to retire. Dame Julie Mellor is the Government's preferred candidate for the post. A pre-appointment hearing was held on 6 July 2011 and the Committee has concluded that Dame Julie Mellor has both the professional competences and personal independence necessary to fulfil the role
These notes refer to the Local Government and Public Involvement in Health Act 2007 (c. 28) (ISBN 9780105428077) which received Royal Assent on 30 October 2007
This Command White Paper entitled "Communities in control" (Cm.7427, ISBN 9780101742726) sets out an agenda to enhance the power of communities and help people to meet their own priorities. A number of proposals are put forward seeking to devolve more power to citizens and away from both central and local government. The Paper is divided into 8 chapters: Chapter 1: The case for the people and the communities having more power; Chapter 2: Active citizens and the value of volunteering; Chapter 3: Access to information; Chapter 4: Having an influence; Chapter 5: Challenge - holding people acountable who exercise power; Chapter 6: Redress; Chapter 7: Standing for office; Chapter 8: Ownership and control. These chapters set out, from the perspective of individual citizens, seven key issues for developing empowerment in the local community. The proposed policies in this White Paper largely apply to England but UK proposals wil be implemented in consultation with the devolved administrations.
This publication contains an article by Dr Richard Kirkham, Lecturer in the School of Law at Sheffield University, on the history of the post of Parliamentary Ombudsman to mark the 40th anniversary of its establishment, together with a foreword written by the current postholder, Ann Abraham. The paper discusses the origins of the Office and its creation through the Parliamentary Commissioner Act 1967, as well as its existing and future role, the changing landscape of the administrative justice system and possible amendments to Office's powers. The paper concludes that "a few required amendments aside, the Parliamentary Commissioner Act remains a good piece of legislation and the constitution is much stronger for the Parliamentary Ombudsman. As well as improving the power of the citizen to gain redress, as was originally intended, Parliament itself has gained a valuable tool in the ongoing process of calling the government to account.
England is a litter-ridden country compared to most of Europe, North America and Japan. Levels of litter in England have hardly improved in the past 12 years and the best estimates are that litter costs the taxpayer between £717 and £850 million a year to clear up. Change is needed. There has been a 20% increase in fast-food litter in the last year. The Government should bring forward legislation requiring all shops, restaurants and retail food outlets to keep the perimeters of their premises free from litter. Responsible businesses are already doing this. In addition, the fast-food industry should introduce 'on-pack' information on all branded take-away and fast-food packaging to remind consumers to dispose of litter responsibly. The most frequently littered items are chewing gum and smokers' materials. Chewing gum and staining are difficult and costly to remove. This was a matter of considerable concern upon which the Committee deliberated at length. Levels of fly-tipping increased by 20% in the last year. There were 852,000 reported incidents but only 2,000 convictions in the courts. The Government should introduce a fixed penalty notice for fly-tipping for household items - the bulk of the incidents - and the industry must introduce a scheme to take away unwanted household appliances and furniture when replacements are delivered. In the end it is individuals who litter and fly-tip their unwanted goods, and it is this behaviour which needs to change. The Committee support a variety of behaviour-changing activities and campaigns to prevent littering.
Although the National Assembly of Wales has limited law-making powers, they can be enhanced, given Parliamentary consent, by a new procedure known as Legislative Competence Order in Council. This sits alongside a procedure where Acts of Parliament may prescribe matters on which the National Assembly may legislate within areas (known as "Fields") for which it has responsibility. In this report the Committee examine the new procedure. Although it welcomes the chance to be involved in the pre-legislative scrutiny of draft Orders, it is worried about the potential work load and think there could be merit in ad hoc committees set up to examine each proposed Legislative Competence Order. There is also a concern that Matters added by provisions in Bills of a general nature will not have the same degree of scrutiny as legislative Competence Orders.
This report follows up our November 2014 report on child sexual exploitation in Rotherham and covers two matters: the role of Ofsted and Louise Casey's inspection report on Rotherham. It is clear that the inspection arrangements that Ofsted had in place from 2007, when it became responsible for inspecting children's services at Rotherham, failed to detect either the evidence, or the knowledge within the council, of large-scale child sexual exploitation. The structured inspection method used at that time to inspect local authorities' children's services was designed by Ofsted and did not focus on child sexual exploitation. The result was a lack of intelligence and understanding in Ofsted's handling of Rotherham. Child sexual exploitation was missed as was the superficiality of Rotherham's response to inspection findings and its dysfunction. The Committee found Louise Casey's report on her inspection of Rotherham to be penetrating and instructive. It not only confirmed the dreadful findings in the Jay Report but, what was worse, revealed that Rotherham Council was in denial about child sexual exploitation.
Select Committees have undertaken pre-appointment hearings since 2007. These have a fourfold purpose: Scrutiny of the quality of ministerial decision making; Providing public reassurance that those appointed to key public offices are selected on merit; Enhancing the appointee's legitimacy in undertaking their function; Providing public evidence of the candidate's independence of mind. A report by the Liaison Committee a year ago (HC 1230, session 2010-12, ISBN 9780215561244) reviewed the process and, drawing on research by the UCL Constitution Unit and the Institute for Government, made several recommendations to strengthen the accountability of ministerial appointments. The Government has rejected this proposed approach, stating only that it "has considered [it]... with interest.." It also fails to take up the Committee's recommendation that political appointments such as the UK's EU Commissioner, or Ambassadors or High Commissioners appointed from outside the career diplomatic service should be subject to pre appointment scrutiny. The June 2012 Cabinet Office guidance has been issued without any further reference to the committee and its recommendations, and the Committee's own draft guidance is more or less ignored.
This report is a follow-up to the Committee's report on Accountability for Public Money (HC 740, session 2010-11 (ISBN 9780215559029)) an issue at the core of the relationship between Parliament and government. Accounting Officers remain accountable to Parliament for funds voted to their departments but the policy intention is that local bodies will have significant discretion over the services they deliver. In the Government's response, 'Accountability: Adapting to Decentralisation', Sir Bob Kerslake drew a distinction between those services that government delivers directly and those that it may fund but are delivered in more decentralised arrangements. He proposed that Accounting Officers set out, in Accountability System Statements, the arrangements they have in place to provide assurance about the probity and value for money of funds spent through devolved systems. All departments are expected to produce Statements by summer 2012. Departments have made a genuine effort to develop arrangements which reconcile accountability and localism but the Statements so far are unwieldy and considerably more needs to be done to improve their clarity, consistency and completeness. There is concern that accountability frameworks must drive value for money and, critically, are sufficiently robust to address the operational or financial failure of service providers. Departments are placing increasing reliance on market mechanisms such as user choice to drive up performance and value for money, but there are limits to what these mechanisms can achieve. The Treasury needs to take ownership of the system and ensure that the Comptroller and Auditor General has the necessary powers and rights of access to examine the value for money of funds spent through devolved systems
There are currently two separate statutory processes for handling complaints about health and social care services. NHS organisations are accountable to the Department of Health and social care services are accountable through their local authority, whilst adult social care rests with the Department. There are differences in the numbers of stages and timescales involved, and in the arrangements for advocacy support and independent investigation. The Health Service Ombudsman is responsible for the ultimate review and decision on NHS complaints and the Local Government Ombudsman for social care complaints. The NAO is this report (HCP 853, session 2007-08), has undertaken an evaluation of existing performance, capability, capacity and costs of complaints handling in both health and adult social care. The NAO has set out a number of findings and recommendations, including: that where people are dissatisfied, there is a low number who make formal complaints; that navigating the complaints systems is not straightforward, partcularly for health service users; only a small proportion of NHS complainants are aware, or receive national advocacy support; that the culture and attitudes of the organisations are often a barrier to responsive complaint handling; neither the health or social care organisations know the cost of complaints handling; that pursuing a complaint requires considerable time, determination and resilience.
This report, unlike most other Law Commission reports, does not focus on reform of substantive law, but rather deals with the broader social issues of how housing problems arise and how they might be dealt with better. At the heart of the recommendations is the suggestion that all those providing housing advice and assistance should develop services based on a "triage plus" system. This has three elements: (1) Signposting: providing initial diagnosis of the problem and referral to the best route for resolution; (2) Intelligence gathering and oversight: increasing understanding of how problems arise; (3) Feedback: to improve decision-taking and prevent disputes arising. Another key proposal is that other means of resolving disputes, outside of formal adjudication, should be used wherever possible. An earlier report, "Renting homes " (Law Com. 297, Cm. 6781, ISBN 9780101678124) made recommendations for the simplification of current housing law and practice, and implementation of those proposals would improve the position in relation to disputes.
These are the reports of two cases which were jointly investigated by the Health Services and Local Government Ombudsmen,, both of which involve the provision of services by local council and by NHS trusts and both, to some extent, concern the actions of staff working in mental health services. The first involved Enfield Council and Barnet, Enfield and Haringey Mental Health Trust & Barnet and Chase Farm Hospitals NHS Trust. The other case involved Havering and the North East London Mental Health Trust. Neither case was upheld in respect of the Councils though partly upheld in respect of North East London Mental Health Trust
Crime and Security Bill; Personal Care at Home Bill; Children, Schools and Families Bill, twelfth report of session 2009-10, report, together with formal minutes and written evidence
Crime and Security Bill; Personal Care at Home Bill; Children, Schools and Families Bill, twelfth report of session 2009-10, report, together with formal minutes and written evidence
Legislative Scrutiny : Crime and Security Bill; Personal Care at Home Bill; Children, Schools and Families Bill, twelfth report of session 2009-10, report, together with formal minutes and written Evidence
In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.
Data and facts about the state of the United Kingdom can be found in this comprehensive, up-to-date yearbook. It provides a wide range of information about the nation's spheres of activity, including economic activity, the environment, social and cultural affairs, and more.
Now in its 48th edition, the Handbook is an authoritative annual compendium of Britain, providing an up-to-date account of all the latest policy developments in the UK.
This report concerns a case claiming for funding for care under s. 117 of the Mental Health Act 1983. The Ombudsmen found evidence of some failures of the part of the concerned Trust and Council, but in the absence of any consequent in justice that could be identified, did not uphold any of the complaints
Offers a standard work of reference both in the UK and overseas. The work provides an account of all the latest policy developments in the UK, and contains material and detail on most aspects of British life. This edition focuses in particular on the environment, including a new chapter that examines the concept of sustainable development, an introduction on tourism and the environment, and a colour section devoted to Britain's action on the environment, both in the UK and globally.
From the environment to eating habits, and from the economy to equestrianism, this handbook combines material and detail with coverage of recent policy developments in Britain. Tables, maps, diagrams and colour photographs are used to illuminate a wide range of topics, and to mark the 50th anniversary of the Central Office of Information, there is a section of photographs reflecting life in Britain over the past five decades.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.