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28 January 2011 / Judith Farbey
Issue: 7450 / Categories: Features , Public , Regulatory
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Time for a substitution?

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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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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