North Somerset Council

REPORT TO THE Standards Committee

Date of Meeting: 8 September 2005

Subject of Report: Reform of Public Sector Ombudsman Services

Town or parish:

Officer/Member presenting: Solicitor to the Council

Key Decision: No

RECOMMENDATIONS

That the Standards Committee considers what responses it wishes to make to the Consultation Paper[J1] .

1. Summary of Report

The Government is consulting over a proposed regulatory reform order to modernise and co-ordinate the principal public sector Ombudsman services. These are the Parliamentary Ombudsman, the Health Service Ombudsman, and the Local Government Ombudsman.

2. Policy

The Council’s core value of “Putting People First” requires the Council to put the customer at the heart of the Council’s thinking. The response should reflect whatever is best for the member of the public who has a complaint.[J2]

3. Details

A number of public and private sector Ombudsman services have been created over the years. The principal public sector ones are the Parliamentary Ombudsman, the Health Service Ombudsman, and the Local Government Ombudsman.

The Ombudsman services have been created in different pieces of legislation namely the Parliamentary Commissioner Act 1967, the Local Government Act 1974, and the Health Service Commissioners Act 1993. As a result they have slightly different methods of working, and differing powers. For example, the Local Government Ombudsman has power to issue general guidance whereas the others do not. They are also unable to conduct joint investigations.

Under data protection law they are unable to freely exchange information, even where a complaint crosses the boundaries between central and local government or either of those and the health service. In some cases, after an investigation has shown, for example, that a local council is not at fault but a health trust might be, the complainant has to be advised to make a fresh complaint to the appropriate Ombudsman.

The Government is consulting on some proposed changes, and a copy of the consultation paper is appended to this report. (Only pages 1 – 24 and 27 – 29 have been included in the full circulation to save paper: the full document is available to committee members on request.) It is also available on the internet at www.consultations.gov.uk and www.cabinetoffice.gov.uk The Consultation paper has to be responded to by Friday 18 November.

The committee is invited to comment on the proposals in general, and on the specific questions at pages 27 – 29 in particular.

4. Consultation

This is a consultation document.

5. Financial Implications

It is unclear whether the proposal to allow alternative dispute resolution methods would result in any extra costs to the Council. Some methods such as mediation can be expensive. By removing restrictions from the Ombudsmen’s working practices the Government hopes to result in savings at national level.[J3]

6. Equality Implications

People with disabilities, young people, and other disadvantaged groups are likely to be users of more Council services than others, and may be those least able to cope when things go wrong. It is important that access to complaints procedures, both internal and through the Ombudsmen, is available to all sections of the community.[J4]

7. Corporate Implications

The Ombudsman service deals with all service areas.[J5]

8. Options considered

None.[J6]

Author

Malcolm Nicholson

Solicitor to the Council[J7]

Background Papers

Reform of Public Sector Ombudsman Services - Consultation Paper August 2005 (published document)

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[J1]The Recommendation must be clear and complete in itself, so it can be understood without needing cross reference to another document, and can be copied directly into the minutes.

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[J2]Summarise the part of the Corporate Plan, Directorate Business Plan or other plan or policy document that supports the report.

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[J3]Give the revenue and capital cost of the proposal, and whether it is in addition to existing approved budget.

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[J4]State any implications for equality in either employment or service provision. Consider how your report could affect sections of the community in terms of race, sex, disability, sexual orientation, religion or other belief, age, social exclusion and other groups.

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[J5]List any cross service implications, eg for Children, Sustainability, Legal, Human Resources, Property, Human Rights, Proportionality, Crime and Disorder, etc. and include comments on any which are relevant.

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[J6]List all other options which have been considered in making the recommendation, with a brief explanation of why they have been rejected.

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[J7]Give the name, job title and telephone number of the person who actually wrote the report.