Annual Report 2007-08 - the Parliamentary and Health Service ...

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13Case StudyMishandled correspondenceand delay caused stress andinconvenienceMr E entered the UK in June 2004 and claimed asylum. TheBorder and Immigration Agency (the Agency) refused his asylumclaim, but as an unaccompanied minor it granted him discretionaryleave to remain in the UK until his 18th birthday in April 2005.On 1 April 2005 solicitors wrote to the Agency on Mr E’s behalfto claim asylum, and on 6 April they applied to extend hisdiscretionary leave to remain. The Agency did not acknowledgethat application. In May the solicitors asked the Agency toacknowledge the application and for an indication of how longthe application would take to process. The Agency replied thatMr E’s file was in a queue waiting for an asylum interview tobe arranged. The solicitors say they did not receive this letter.In January and February 2006 the solicitors twice wrote to theAgency asking it to issue Mr E with a replacement ApplicationRegistration Card (which he had lost) or to interview him. TheAgency did not reply to either letter. In June the solicitorscomplained to the Agency about the delay deciding theapplication, and its failure to confirm that the conditionsattached to the previous grant of leave would continue whileit considered the application. The Agency placed the letteron file unactioned because it was not addressed to its complaintsunit. Two further letters of complaint went unanswered.Mr E complained to the Ombudsman about the Agency’s delayin deciding his application of 6 April 2005 and failure to providea written acknowledgement. He said the uncertainty about hisimmigration status had led to anxiety and mental health problems,and inconvenience dealing with organisations such as collegesand housing providers. We put Mr E’s complaint to the Agency,which decided, in light of its mishandling of the correspondence,to interview him and decide his application earlier than wouldhave otherwise been the case. Mr E’s application was refusedin March 2007.We upheld Mr E’s complaint. The Agency did not acknowledgehis application, so he could not prove he was in the UKlegitimately, and took nearly two years to decide the application.It failed to respond to complaints and important correspondencerelating to someone in a vulnerable situation. The Agencyapologised to Mr E and offered a consolatory payment of £150in recognition of the stress and inconvenience caused. Weaccepted that this was a reasonable remedy because we did nothave evidence to support the full extent of the injustice claimedby Mr E.30
Parliamentary and health service ombudsman annual report 2007-08Other Departments –Special reports to ParliamentMinistry of Defence‘A Debt of Honour’As was also reported last year, theGovernment eventually accepted andimplemented all of the Ombudsman’srecommendations contained in ourJuly 2005 report ‘A Debt of Honour’,which concerned the administrationof an ex gratia scheme for those Britishgroups who had been interned by theJapanese during the Second World War.The scheme has now been reviewed,the eligibility criteria revised, andcompensation payments have been paidas a result both of the Ombudsman’sreport and of the outcome of courtproceedings in relation to allegations ofrace discrimination in the administrationof the scheme and in the application ofits eligibility criteria.However, we continue to receiveenquiries and complaints from peopledissatisfied with these outcomes. Someof those enquiries and complaints raisenew issues about the way in which thescheme now operates or about howdecisions about eligibility for theassociated new compensation paymentsare being made.The Ombudsman remains concerned thatoutstanding issues remain to be resolvedregarding the appropriate scope for thescheme and that complaints continue tobe made about it.We will continue to monitordevelopments and the Ombudsmanenvisages that further dialogue with theMinistry of Defence might be necessaryin respect of these outstanding issues.Department for Business,Enterprise and Regulatory ReformPut together in haste: ‘Cod Wars’trawlermen’s compensation schemeThe Ombudsman’s report of herinvestigation into the Icelandic WaterTrawlermen’s Compensation Scheme,Put together in haste, was published inFebruary 2007 and contained fiverecommendations, all of which wereaccepted by what was then theDepartment for Trade and Industry. TheDepartment took action to comply withthe first and fifth recommendations.However, it has yet to comply with thesecond recommendation that it shouldundertake a review – which it said at thetime it intended to start immediately – ofthe eligibility criteria and scheme rules toensure that they were consistent with thepolicy intention underlying the scheme.The third and fourth recommendationscannot be implemented until the reviewhas taken place.The Ombudsman has been concernedfor some time about the extremelyslow progress in complying with herrecommendations and in May 2008 shewrote to the Permanent Secretary (atwhat is now the Department for Business,Enterprise and Regulatory Reform) toexpress her growing concern. In response,the Permanent Secretary has told theOmbudsman that the Department hasalmost completed its analysis of the bestway forward in relation to the scheme;and that, whilst it recognises that thishas taken a considerable time, this is anextremely complex matter and it isimportant to get it right. The Departmenthopes that Ministers will be in a positionto make a statement on the schemein October.The Ombudsman will continue tomonitor the situation closely and willreport further to Parliament if necessary.Department for Environment,Food and Rural AffairsThe introduction of the banon swill feedingIn December 2007 we published thereport of our investigation into acomplaint by the Associated Swill Usersagainst the Department for Environment,Food and Rural Affairs about the ban onswill feeding introduced after theoutbreak of foot and mouth disease in2001. Although the complaint was notupheld, the Ombudsman decided thatthe report should be put into the publicdomain because of the level of interestin the subject matter, and in particularthe link to the outbreak of foot andmouth disease.Since the report’s publication, theDepartment’s Permanent Secretaryhas written to describe the analysisand recommendations in the reportas ‘very useful’ in informing thedevelopment and strengthening of theDepartment’s business systems, and tooutline improvements both tomanagement and storage of data andto the keeping of records of key advicesupporting changes in legislation.Her Majesty’s Treasury (et al)Equitable Life: a decade ofregulatory failureWork continued throughout 2007-08on the investigation into the prudentialregulation of Equitable Life during theperiod prior to 1 December 2001. TheOmbudsman’s report of the investigationwas laid before Parliament and publishedin July 2008. The report can be found onour website at www.ombudsman.org.ukWe await the Government’s responseto the report and the Ombudsman willdo everything she can to assist Parliamentin its consideration of the report and ofthe Government’s response to it and alsoto assist the European Parliament in itsfurther consideration of the same issues.31
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