Ombudsman and Human Rights Act 1998

Pages 6 (1506 words)
Download 0
Ombudsman, independent investigators of citizen's grievances against the administration, completing the role of the courts, have become established feature of English administrative law inspired by its existence in the Scandinavian countries, the original blueprint for the British.


By s1 of the 1967 Act he is appointed by the Queen on the advice of the PM and holds office until the age of 65.
Especially in relation to JR, the procedural requirements of public law element, leave, locus standi, time limits and grounds often deny speedy redress to the applicant. Matters such as delay, incompetence, stupidity, loss of documents, rudeness etc cannot be the subject to the JR. But, these fall within PCA's jurisdiction.
Disadvantage: the MPs check the legitimacy of complaints and it is called MP Filter. If a MP is the main culprit, claimants never get redress. In this sense MP enjoy more power. At the same time each year lots of letter of complain arises which not possible to review for an ombudsman. The most important factor to mention is the ombudsman will not investigate complaints where an alternate remedy exists. Ombudsman's powers of investigation are limited, for example-maladministration.
3) The PCA has had an impact on certain more High profile cases such as 'Sachsendhausen' case where the PCA found maladministration in distributing compensation. A recent example is the 'Barlow Clowes Affair'.
Jurisdiction: The 1967 Act should be amended to provide that the PCA could investigate all complaints other than those relating to matters specifically excluded. However, the govt. rejected this proposal.
However MPs have some great advantages as redresse ...
Download paper
Not exactly what you need?