ombudsman model Dr Chris Gill, Lecturer in Public Law, University of - - PowerPoint PPT Presentation
The Scottish ombudsman model Dr Chris Gill, Lecturer in Public Law, University of Glasgow Presentation to the Administrative Justice Council, 31 January 2020, Edinburgh. Today Three distinctive features of the Scottish model: One-stop-shop
Dr Chris Gill, Lecturer in Public Law, University of Glasgow Presentation to the Administrative Justice Council, 31 January 2020, Edinburgh.
Simplicity Accessibility Coherence Efficiency
Health, local & devolved government, housing Further & higher education Prisons & water Scottish Welfare Fund Social work Healthcare whistleblowing
2002 2005 2010 2015 2016 2020
Publication of a statement
principles (approved by Scottish Parliament) Publishing model complaint handling procedures and making declarations of non- compliance Monitoring practice and identifying any trends in the way authorities handle complaints Promoting best practice in relation to such complaint handling Encouraging co-operation and sharing of best practice among authorities
Regulation, monitoring, standard setting Welfare fund reviews and social work merits Whistleblowing Complaint handling
Should the SPSO be granted own-initiative powers? Value of own-initiative powers:
low propensity to complain;
especially unlikely to come to light through complaints;
administration, and are generally not the principal focus of other oversight bodies; and
systems and taking on a broader “system fixing” role within the administrative justice system.
There is no equivalent to the Public Administration and Constitutional Affairs Committee in the Scottish Parliament Annual scrutiny by the Local Government and Regeneration Committee (and ad hoc appearances elsewhere) Focus to date has been on accountability of the ombudsman, rather than the ombudsman feeding into parliamentary scrutiny and deliberation Is the SPSO a ‘parliamentary ombudsman’?
Increasing focus on human rights in Scottish policy making and administration (e.g. Scottish Social Security Agency) Explicit human rights focus in Northern Ireland and increasing interest in Wales (e.g. human rights casebook) Global trend seeing parliamentary ombuds becoming more involved in human rights issues
The Scottish model has been influential in devolved jurisdictions and has been
a site of significant innovation within the UK and internationally.
There is potential to enhance the model further and learn from other
jurisdictions in relation to own-initiative powers, a more powerful relationship with the legislature, and a more explicit human rights mandate.