The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Public Sector Ombudsman in Administrative Law System of England

Document Type : Original Article

Authors
Amirhossein Sadeghi 1
Masih Behnia 2
1 PhD Student, Islamic Azad University, Tehran, Iran.
2 Assistant Prof.. Department of Law, Faculty of Humanities, Islamic Azad University, Buin Zahra, , Qazvin, Iran.
10.22034/mral.2021.141495.1080
Abstract
Public Sector Ombudsman in Administrative Law System of England is comprised of four institutions, namely Parliamentary and Health Service Ombudsman, Local Government & Social Care Ombudsman, Housing Ombudsman, and Prisons & Probation Ombudsman. Most of the existing literature on the said institutions have exclusively focused on parliamentary ombudsman, to the exclusion of health services. As such, it seems necessary, through examination of the responsibilities of the said institutions, to review the changes that non-judicial investigations (ombudsman) as pro citizen rights institutions in this country have undergone. Although these institutions are directed by individuals appointed by central power bodies, they enjoy significant level of independence from them, to the extent that they can investigate the very public entities that has appointed them. Nevertheless, reviewing the capacities of these institutions, it can be assumed that the most significant function they serve is to inform the public sector with the aim of change or modification of status quo in the administrative system of this country, due to the fact that they do not enjoy effective authorities for execution of their decisions, and some of them may, at most, be able to oblige the institutions subject to investigation to pay damages. Also, despite the fact that the Iranian legal system does not have the institution of ombudsman in the main sense, we can see similarities between British public sector ombudsmen and existing inspection bodies in Iran (such as commission of article 90 of the constitution).
Keywords
Ombudsman
Investigation
Public Sector
Good Governance
Subjects
“A Study into Ombudsman Judicial Review”. (nd.). Accessible on: <https://www.sheffield.ac.uk/polopoly_fs/1.792260!/file/researchstudy2018.pdf> (last visited: 2020/11/23).
Begiraj, J. et al. (2018), Ombudsman Schemes and Effective Access to Justice: A Study of International Practices and Trends. Bingham Center for The Rule of Law.
Bukhari, S. & Muhammad Asif (2013), “Institutional Analysis of Ombudsman: A Comparative Study of Pakistan, India, UK and USA”. Interdisciplinary Journal of Contemporary Research in Business. Vol. 5, No. 2.
Citizens Advice, “Complaining to an Ombudsman”, 2019. Accessible on: <https://www.citizensadvice.org.uk/consumer/get-more-help/how-to-use-an-ombudsman-in-england/> (last visited: 2020/11/23)
Coyle, A. (2005), Understanding Prisons: Key Issues in Policy and Practice, Glasgow: Bell & Bain Ltd.
Gay, O. (2012), The Ombudsman: The Developing Role in the UK. House of Commons Library.

Gorji, A. & M. Babaei (1391), “Ombudsman: Comparison of Iranian, French and British Systems”, Legal Research Quarterly, 15 (57).

Hadavand, M. (1393), Comparative Administrative Law, Vol. 2, 4th Ed, Tehran: Samt.
Housing Ombudsman Service. “The Scheme”, 2018. Accessible on: <https://www.housing-ombudsman.org.uk/wp-content/uploads/2018/05/Housing-Ombudsman-Scheme-May-2018.pdf> (last visited: 2020/11/23)

Jalali, M. & R. Ziaei, (1392), The Role of Ombudsmen in Development and Progression of Democracy, Journal of Public Law Research, 15 (39).

Legal Ombudsman, “Scheme Rules”, 2019. Accessible on: <https://www.legalombudsman.org.uk/wp-content/uploads/2019/03/Scheme-Rules-1-April-2019.pdf> (last visited: 2020/11/23).
Local Government & Social Care Ombudsman. “What we can and cannot look at” (nd.). Accessible on: <https://www.lgo.org.uk/make-a-complaint/what-we-can-and-cannot-look-at> (last visited: 2020/11/23).
Maer, L. & Sarah Priddy (2018). The Parliamentary Ombudsman: Role and Proposals for Reform, House of Commons Library.
Magnette, P. (2003). “Between Parliamentary Control and The Rule of Law: The Political Role of Ombudsman in The European Union”. Journal of European Public Policy. Vol. 10.

Moosavi, S. et al (1391), “Investigating the Independence of the Ombudsman Institution with a Comparative View”, Journal of Private Law Studies, 42 (4).

PASC (Public Administration Select Committee). (nd.). Accessible on: <https://www.parliament.uk/business/committees/committees-a-z/commons-select/public-administration-select-committee/> (last visited: 2020/11/23).
Patel, N. (2013), “Prosecution of Corrupt Officials in Light of Single Directive”. Social Science Research, Accessible on: SSRN 2216806.
Prison & Probation Ombudsman (A), “How are we doing?”, (nd.). Accessible on: <https://www.ppo.gov.uk/> (last visited: 2020/11/23).
Prison & Probation Ombudsman, “Annual Report 2018-19”, London, 2019. Accessible on: (last visited: 2020/11/23).
Prisons & Probation Ombudsman (B), “Brief History”, (nd.). Accessible on: <https://www.ppo.gov.uk/about/vision-and-values/brief-history/> (last visited: 2020/11/23).
Rowat, D. “The New Private-Sector Ombudsman”, 2003. Accessible on: <https://policyoptions.irpp.org/magazines/corporate-governance/the-new-private-sector-ombudsmen/> (last visited: 2020/11/23).

Sadeghi, A. & M. Behnia, (forthcoming), “Commission of Article 90 or State Inspection Organization? Comparison of Two Ombudsman Institutions with Emphasis on Parliamentary Ombudsman of England”, Legal Research Quarterly.

Sandford, M. (2017), The Local Government Ombudsman, House of Commons Library.

Satyanand, A. (1387), “Ombudsman Act Accordance with the Constitutions”, Fourth Meeting of Inspectors General of Asia, Tehran: Sazeman’e Bazrasy’e Koll’e Keshvar.

Shafiee, J. (1394), “Optimal Model of the National Inspection System from a Comparative Perspective with Emphasis on Iran”, PhD. Thesis in Public Law, Shahid Beheshti University.
UK Public General Acts. “Parliamentary Commissioner Act 1967”. Accessible on: <http://www.legislation.gov.uk/ukpga/1967/13/crossheading/the-parliamentary-commissioner-for-administration> (last visited: 2020/11/23).
Wade, W. (1972), “The British Ombudsman: A Lawyer’s View”. Administrative Law Review. Vol. 24. No. 2.
Zarei, E. (1393), “A Comparative Study of the Principle 90 Commission”, Master’s Thesis of Public Law, Mazandaran University.
Zarei, M. H. (1389) The Role of Internal Commissions in Parliamentary Oversight, First Ed, Tehran: Markaz’e Pazhuheshhay’e Majles.
The Journal of Modern Research on Administrative Law
Volume 2, Issue 5
Second year, fifth issue, winter 2020
Winter 2020
Pages 137-164

  • Receive Date 25 November 2020
  • Revise Date 19 December 2020
  • Accept Date 16 January 2021