Powers
The Ombudsman may investigate the administrative actions of a Government department or a public authority after a Member of Parliament has referred a complaint by a member of public who claims to have suffered injustice as a result of maladministration. The Ombudsman may investigate maladministration or a failure of service within the National Health Service upon receiving a complaint by anyone who claims to have suffered injustice as a result of that maladministration or service failure.
The Ombudsman possesses wide powers of investigation and is able to determine the procedure for the investigation and to obtain information from such people as required. In respect of the gathering of evidence and the examination of witnesses, the Ombudsman has the same authority as the High Court. Defiance of these powers can be treated as contempt of court.
If the Ombudsman finds that there has been injustice caused by maladministration or a failure in service, a remedy to put things right can be proposed. This can include an apology, a compensation payment for hardship or injustice and compensation for financial loss. Although the Ombudsman does not possess the power to compel a public authority to adhere to its findings, in practice, the public authority will comply. In 2010–11, more than 99% of the individual recommendations for remedy made by the Ombudsman were accepted by the body complained about.
In rare instances where the body complained about does not accept the Ombudsman's findings, the Ombudsman may lay a report before Parliament explaining that the injustice done to the complainant has not been, or will not likely to be, remedied. In such an event, the Select Committee that oversees the work of the Ombudsman is able to examine the matter and reach its own conclusions.
Reports issued by the Ombudsman are susceptible to judicial review by the courts. However, it has been held that the court would not readily interfere with the exercise of the Ombudsman's discretion.
Read more about this topic: Parliamentary And Health Service Ombudsman
Famous quotes containing the word powers:
“He who is conversant with the supernal powers will not worship these inferior deities of the wind, waves, tide, and sunshine. But we would not disparage the importance of such calculations as we have described. They are truths in physics because they are true in ethics.”
—Henry David Thoreau (1817–1862)
“However much we may differ in the choice of the measures which should guide the administration of the government, there can be but little doubt in the minds of those who are really friendly to the republican features of our system that one of its most important securities consists in the separation of the legislative and executive powers at the same time that each is acknowledged to be supreme, in the will of the people constitutionally expressed.”
—Andrew Jackson (1767–1845)
“Magic and all that is ascribed to it is a deep presentiment of the powers of science.”
—Ralph Waldo Emerson (1803–1882)