This chapter considers the main ways in which disputes between individuals and public bodies are resolved outside the court system in what is widely referred to as the landscape of ‘administrative justice’. The discussions cover initial decision-making; accessing the administrative justice ‘system’; and the two pillars of administrative justice—tribunals and ombuds.
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Mark Elliott and Jason Varuhas
This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.
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Susan Blake, Julie Browne, and Stuart Sime
A Practical Approach to Alternative Dispute Resolution provides a commentary on all of the major areas of out-of-court dispute resolution. The text is made up of six parts. Part I looks at the history and range of alternative dispute resolution (ADR) methods. The second part moves on to the interplay between ADR, civil procedural rules (CPR), and litigation. The third part focuses on negotiation and mediation. It looks at styles, strategies, and tactics; preparation for mediation; and the mediation process as a whole. It also touches on international mediation. Part IV is about evaluation, conciliation, and Ombudsmen. The fifth part examines recording settlement. The sixth and final part is about adjudicative ADR. It contains chapters on expert or neutral determination, construction industry adjudication, arbitration, arbitration tribunals, commercial arbitration, international arbitration, awards and orders, High Court jurisdiction in arbitration claims, and, finally, enforcement of settlement and awards.
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This chapter addresses complaints, grievances, and ombudsman schemes, which are designed to provide effective and speedy relief where problems arise between a customer and an organization. It has become increasingly common for government agencies, companies, and organizations to have internal complaints and grievance procedures to look into and respond to any problems raised by their customers of a formal nature. It is seen to be good for customer relations for problems to be investigated by someone within the organization and for the problem to be resolved with the customer quickly and before it escalates into a contentious dispute. Efficient and effective complaints and grievance procedures also form part of an organization's quality control or quality assurance procedures, which are aimed at ensuring that high levels of service are maintained, with any weaknesses being addressed swiftly before other customers are affected by similar problems. Meanwhile, ombudsmen act like umpires in complaints brought against public or private organizations.
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This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary, health service and local government ombudsmen and the key ideas of maladministration and injustice. It also reviews how ombudsmen handle and resolve complaints and seek improvements by public bodies in their handling of complaints, and the learning of lessons, as well as considering the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with complainants dissatisfied with the service they have received and how the courts deal with the judicial reviews brought against ombudsmen by complainants. Note is also made of the research on judicial reviews brought against these ombudsmen.
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Timothy Endicott
Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.
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This chapter considers the main ways in which disputes between individuals and public bodies are resolved outside the court system in what is widely referred to as the landscape of ‘administrative justice’. The Chapter explains the nature and importance of administrative justice, including the need to ensure good quality and just initial decision-making by public bodies; the challenges faced by those accessing the administrative justice ‘system’ to question initial decisions; and the two principal pillars of the administrative justice system tribunals and the use and role of public sector ombuds. It also contains a case study based on the Windrush scandal.
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This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system; the former Administrative Justice and Tribunals Council; the origins of ombudsmen; the Parliamentary Commissioner; ombudsmen of devolved institutions; the Health Service Commissioner; the Local Government Commissioners; ombudsmen and the courts; and proposals for a unified Public Service Ombudsman service.
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This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system; the former Administrative Justice and Tribunals Council; the origins of ombudsmen; the Parliamentary Commissioner; ombudsmen of devolved institutions; the Health Service Commissioner; the Local Government Commissioners; ombudsmen and the courts; and proposals for a unified Public Service Ombudsman service.
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This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.
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Peter Leyland and Gordon Anthony
The eighth edition of Textbook on Administrative Law has been revised and updated to provide a concise and topical account of this fast-moving area of law. The guiding theme of this textbook is how accountability is achieved through a ‘grievance chain’ comprising Parliament, informal methods of dispute resolution, ombudsmen, tribunals, and, particularly, the courts through judicial review. This edition explores the core areas of the subject and sets them in a contextual framework. The chapters start by looking at European Union and administrative law. The following chapters consider human rights, the modern administrative state, the ombudsman principle, tribunals, and informal dispute resolution. The chapters at the heart of the book focus on aspects of judicial review with chapters on illegality, Wednesbury unreasonableness, procedural impropriety, equality, legitimate expectation, and remedies available under the judicial review procedure. The penultimate chapters discuss the ability of public authorities to enter into contracts and their liability in tort. Looking to the future the concluding chapter provides an evaluation of the latest developments in administrative law.
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Brian Thompson, Michael Gordon, and Adam Tucker
Cases & Materials on Constitutional and Administrative Law is an invaluable resource. Extracts have been chosen from a wide range of historical and contemporary cases and materials to illustrate the reasoning processes of the courts and to show how legal principles are developed. The extracts from the leading cases in the field are combined with legal, political, and philosophical materials and linked together with explanatory text, alongside extensive notes and questions for discussion. The book takes a critical look at the main doctrines of constitutional law as well as the principles of administrative law, examining the operation of the constitution in relation to Parliament, the government, and the citizen. Incisive commentary throughout the text provides explanation and analysis of the key issues and challenges in constitutional and administrative law. The thirteenth edition has been fully revised and updated to reflect the latest developments in legislation, case law, and politics, including the process and implications of exiting the EU, and the UK’s new post-Brexit legal arrangements; continuing change and challenges to the devolution settlement in Scotland, Wales and Northern Ireland; major Supreme Court decisions in Miller (No.2) / Cherry, UNISON, the Scottish Continuity Bill Reference, and Privacy International; new developments in relation to ministerial responsibility and parliamentary accountability (including the impact of the coronavirus pandemic); proposed repeal of the Fixed-term Parliaments Act 2011; and discussion of proposals for reforms of judicial review and tribunal appeal processes, as well as proposed reform of ombudsmen. This text continues to provide instant access to an unrivalled collection of up-to-date judgments, statutory provisions, official publications, and other policy materials.
