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I secretary@bioa.org.uk Middlesex 020 8894 9272 TW1 9BE Twickenham P0 Box 308 Ombudsman Association British and Irish and complaint handling bodies in the United Kingdom and Republic of Ireland. The Association’s objectives include: Consultation on reforms proposed in the Public Bodies Bill which was established in 1991 and includes as members all major ombudsman schemes Reforming the public bodies of the Ministry of Justice Submission by the British and Irish Ombudsman Association (BIOA) This submission is made on behalf of the Chair and Executive Committee of the Association The Association welcomes this opportunity to comment on the consultation on reforming the view of administrative justice, including Ombudsmen. of the Administrative Justice and Tribunals Council (AJTC) and its effect on the systematic public bodies of the Ministry of Justice, and with particular concern to the proposed abolition Ombudsmen have been active participants in the AJTC since its creation, and before in its Ombudsmen, the AJTC and the administrative justice landscape Ombudsman is an exofficio member of the main Council while the Scottish and Welsh previous guise as the Council on Tribunals. The Parliamentary and Health Service Committees of the AJTC. The Council has provided, for the first time, a comprehensive Public Service Ombudsmen participate as ex-officio members of their respective country locus for matters of administrative justice and has allowed the various stands (the ‘four context, and to promote complementary working and mutual learning courts tribunals, Ombudsmen and internal complaint handling to be seen within a broader pillars to coin a phrase used by the Law Commission) of administrative justice including • setting criteria for the recognition of Ombudsman offices by the Association • formally recognising those persons or offices who satisfy the criteria • encouraging, developing and safeguarding the role and title of Ombudsmen in both • facilitating mutual learning and providing services to members designed to develop the public and private sectors their work best practice working to raise the profile of Ombudsmen and the understanding of Secretary: Ian PaUlson Chair: Peter Tyndall
2 The future for administrative justice oversight Abolition of the AJTC Although it could be argued that private sector ombudsman schemes do not deliver ‘administrative justice’, we consider that the wide definition of this tern in the Tribunals, justice sector, including private sector Ombudsmen. The National Consumer Council (now Clearly, with the demise of the AJTC there is a real risk that this comprehensive overview of empowerment and protection which advocates the expansion of consumer redress proposals are to provide an alternative mechanism to deliver this task, not least because we administrative justice will be lost. The Association will be interested to learn what the schemes, probably of the Ombudsman type. and Skills (B(S). We are currently responding to a BIS consultation on consumer redress and the AJTC could have evolved into an advisory body for the entire administrative Historically, there has been a lack of coherence and joined-up thinking about consumer elements of administrative justice as the existing arrangements have evolved over time and believe that there is a compelling case for a comprehensive reconsideration of the current relationship between consumer and ombudsmen can be said to involve an interaction have never been subject to the kind of comprehensive review that the AJTC was ideally placed to undertake. Consumer Focus) in its paper ‘Lessons from ombudsmania’ published in 2008 argued that: between citizen and state. This suggests that industry redress mechanisms are not purely a As the NCC did, the Association believes that there must be a single body within that the Ministry of Justice will take a systematic view of administrative justice across Government, and that will include Ombudsman roles. We feel that it is particularly important Lord Justice Taylor of Holbeach, speaking for the Government in the House of Lords, said envisage. Since Ombudsmen are part of the regulatory frameworks created by statute, the to have a systematic oversight, especially with the proliferation of Ombudsmen in the private matter of private law, but are also part of the public law system in the wider sense. sector as envisaged by work being carried out by the Department for Business, Innovation Courts and Enforcement Act 2007 provides scope for the AJTC to take on the role we argument that they should be treated as such. see all Ombudsmen as one element of the wider justice system, there is a compelling Ombudsmen operating in both the private and public sectors. Since citizens and consumers Government responsible for the strategic oversight of administrative justice, including a time when this has increasing importance for citizens. We have significant reservations capability to provide the oversight and strategic direction required, particularly in light of the Summary very strong case for developments needed in this area to be given a high level of priority. about whether the small team within the Ministry of Justice will have the resources and remove well-established arrangements for independent oversight of administrative justice at effective in the role envisaged. government addresses the concerns raised and ensure that he Ministry of Justice is We therefore seek assurances that if the proposal to abolish the AJTC is implemented. The In summary, the Association is very concerned that the proposal to abolish the AJTC will British and Irish Ombudsman Association Secretary September 2011 lan Pattison
Page 1 and 2: Public Bodies Bill: reforming the p
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The principal function of the Magis
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The National Archives Question 19:
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future handling of functions as set
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Sir Robert Carnwath SENIOR PRESIDEN
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The London EASI Group consider this
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Question 2. Do you believe that the
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Question 11. Do you believe that th
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Question 20. What are your views on
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ANNEX A - RESPONSE TO CONSULTATION
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new Youth Justice Division. It will
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To understand the youth justice sys
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Introduction 1. JUSTICE is an indep
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8. Secondly and substantively, we d
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The Youth Justice Board Q23. What a
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