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Chapter

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.

Chapter

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.

Chapter

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. 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 current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

Chapter

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary and local government ombudsmen. It also considers the meaning of injustice in consequence of maladministration with which the ombudsmen are concerned. The chapter also reviews how ombudsmen investigate and resolve complaints and seek improvement, as well as the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with dissatisfied complainants.

Chapter

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.

Book

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.

Book

Timothy Endicott

Administrative Law explains the constitutional principles of the subject. It brings clarity to this complex field 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.

Chapter

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.

Book

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. Cases & Materials on Constitutional and Administrative Law is an invaluable resource. Extracts from the leading cases 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 Executive, and the citizen. Incisive commentary throughout the text provides a range of views on challenging issues. The twelfth edition has been fully revised and updated to reflect the latest developments in legislation, case law, and politics, including the referendum decision to leave the European Union; continuing change to the devolution settlement; major Supreme Court decisions in HS2, Evans, Miller and Pham; and discussion of aspects of 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.

Chapter

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.

Book

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.

Book

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.