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:
“Exploitation and oppression is not a matter of race. It is the system, the apparatus of world-wide brigandage called imperialism, which made the Powers behave the way they did. I have no illusions on this score, nor do I believe that any Asian nation or African nation, in the same state of dominance, and with the same system of colonial profit-amassing and plunder, would have behaved otherwise.”
—Han Suyin (b. 1917)
“If powers divine
Behold our human actions—as they do—
I doubt not then but innocence shall make
False accusation blush.”
—William Shakespeare (1564–1616)
“... when I exclaim against novels, I mean when contrasted with those works which exercise the understanding and regulate the imagination.—For any kind of reading I think better than leaving a blank still a blank, because the mind must receive a degree of enlargement and obtain a little strength by a slight exertion of its thinking powers ...”
—Mary Wollstonecraft (1759–1797)