Parliamentary and Health Service Ombudsman _" IN PEOPLE - the ...

From the Ombudsman Ann Abraham
Sue Gray
Head of Propriety and Ethics
Cabinet Office
70 Whitehall
London
SW1A 2AS
Parliamentary
and Health Service
Ombudsman
And by email to:cabinetmanual@cabinet-office.x.gsi.gov.uk
March 2011
Draft Cabinet Manual consultation
I am grateful for the opportunity to respond to the consultation on the draft Cabinet
Manual and am pleased to note that my role as Parliamentary Ombudsman is mentioned in
paragraphs 216-217.
In general the draft Cabinet Manual looks like a useful 'user guide' for the operation of
central government. I have restricted my comments on the draft to the paragraphs where
my Office has already been mentioned, where it would be apt to make further reference to
my Office and where it would be appropriate to mention other Ombudsmen institutions.
Introduction
In paragraph 10 the mechanisms that Parliament uses to scrutinise executive action are
listed. It would be accurate to include the Parliamentary Ombudsman in that list alongside
the select committee system.
Chapter 5: Ministers and Parliament
I am pleased that my role and relationship with government departments as Parliamentary
Ombudsman is included in the draft. It might also be helpful to civil servants if passing
reference was made to the Ombudsman's Principles. I have suggested a form of words in
the attached annex.
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Email: aaprivateoffice@
ombudsman.org.uk
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Chapter 8: Relations with the Devolved Administrations and local government
This chapter should include a reference to the Local Government Ombudsman in England,
the Scottish Public Services Ombudsman and the Public Services Ombudsman for Wales.
Chapter 9: Relations with the European Union and other international institutions
In paragraph 303 a reference should be added to explain that the European Ombudsman
investigates complaints about maladministration in the activities of the EU institutions.
Please do contact my Policy Manager, Donal Galligan (0300 061 1526 or by email to
donal.galligan@ombudsman.org.uk), if you would like any further information.
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Ann Abraham
Parliamentary and Health Service Ombudsman

Annex A: Suggested wording for paragraph 217.
Parliamentary Commissioner for Administration
217. The Ombudsman investigates complaints that injustice has been caused by
maladministration on the part of government departments or certain other public
bodies. If the Ombudsman finds that there has been maladministration, the
Government is not bound by the findings or recommendations, but if it rejects a
finding it should have cogent reasons for doing so and it is potentially open to
challenge if it unreasonably rejects a recommendation. 37 In those cases where the
Parliamentary Ombudsman makes a recommendation regarding the payment of
compensation, departments follow the guidance set out in Managing Public Money
at:
www.hm-treasury.gov.uk/d/mpm_whole.pdf. The Ombudsman'S Principles outline
the approach public bodies should adopt when delivering good administration and
customer service, and how to respond when things go wrong. Further information on
the Parliamentary Ombudsman can be found at: www.ombudsman.org.uk
37 R (Bradley and others) v Secretary of State for Work and Pensions [2008] EWCA Civ 36.