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Time for a substitution?

28 January 2011 / Judith Farbey
Issue: 7450 / Categories: Features , Public , Regulatory
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Ombudsmen: a substitute for litigation? Judith Farbey reports

In hard economic times and in the face of proposed changes to legal aid, alternatives to litigation may come into sharper focus. The Law Commission’s recent consultation on “Public Services Ombudsmen” was therefore welcome.

The consultation paper (No 196) covered the Parliamentary Commissioner, the Local Government Ombudsman (LGO), the Health Service Ombudsman, the Public Services Ombudsman for Wales, and the Housing Ombudsman. These institutions provide a non-litigious avenue for individuals to call for the scrutiny of the decisions of public bodies. Each of the ombudsman schemes has a different statutory origin but all have features in common. The Law Commission’s consultation paper highlights four shared features: 

  • the ombudsmen deploy investigatory procedures;
  • they are independent;
  • they make recommendations;
  • and they focus primarily on administrative processes rather than the merits of decisions.

In each case too, an individual cannot in broad terms complain to the ombudsman if there are other available remedies including judicial review. Given the expansive reach of modern judicial review, the Law Commission

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Pillsbury—Lord Garnier KC

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Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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