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Reforms to make it easier to complain if you suffer poor public services were yesterday proposed by the Law Commission.

In its latest consultation the Commission, which advises the Government on law
reform, suggests a shake-up of procedures to bring consistency to the way the main
public services ombudsmen do business and make it easier for the public to seek
redress.

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 But the procedures for making a complaint are often outdated and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.
Frances Patterson QC, the Law Commissioner leading on the project, said:
“The public services ombudsmen have a vital role to play in providing remedies for
administrative injustice suffered by individuals. By improving access to these
ombudsmen, we can reduce the burden that falls on the citizen, public bodies and
the courts, and realise savings for citizens and government.”

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.

The Commission is seeking responses by 3 December 2010. The consultation
paper, “Public Services Ombudsmen”, is available on
www.lawcom.gov.uk/ombudsmen.htm.

 
Notes for Editors

1. The Law Commission is a non-political independent body, set up by Parliament in 1965 to keep all the law of England and Wales under review, and to recommend reform where it is needed.

2. For more details on this project, visit www.lawcom.gov.uk/ombudsmen.htm

3. For all press queries please contact:

Phil Hodgson 020 3334 0230
Dan Leighton 020 3334 0231
Terry Cronin 020 3334 0255
Email: communications@lawcommission.gsi.gov.uk