Home / Sources / Select Committees / Public Administration and Con… / Parliamentary and Health Service Ombuds…
Select committee: Public Administration and Constitutional Affairs Committee

Parliamentary and Health Service Ombudsman Scrutiny 2020-21

Closed Opened 20 Sep 2021 Closed 8 Aug 2022 11 recommendations 9 conclusions

Public Administration and Constitutional Affairs Committee Inquiry on parliament.uk ↗

Inquiry scope (the committee's words)
The Public Administration and Constitutional Affairs Committee (PACAC) is launching its annual scrutiny session into the work of the PHSO in the financial year 2020/21. According to the House of Commons Standing Order 146 , PACAC's role in relation to the PHSO is: to examine the reports of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England, which are laid before this House, and matters in connection therewith PACAC therefore scrutinises the PHSO's annual report and other reports that the Ombudsman chooses to lay before Parliament. Where these reports highlight failures in the quality and standards of Civil Service administration, PACAC may use them to hold the government to account. We will also be using this session to look back at the role of the Ombudsman, Rob Behrens, after five years in post. The Committee cannot review the PHSO's adjudications on individual cases. This includes the PHSO's decisions on whether or not to accept a case. As the office of the PHSO is independent, adjudications cannot be overruled by a government minister or any parliamentary committee.

Where it stands

The inquiry is closed, opened 20 September 2021.

The committee has published 1 report, most recently First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21 on 20 May 2022.

The government's response

Published 26 July 2022. The deadline was 20 July 2022.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government says it "agree[s] that Ombudsman reform is an important matter" but states that wide-scale reform is not currently in its legislative programme, and it does not set out the legislative timetable the Committee asked for.

  • The Government says it "continues to consider options for Ombudsman reform".
  • It notes that the Queen's Speech announced a Victims Bill and that the consultation sets out an intention to remove the requirement for victims of crime to raise a complaint through an MP, via primary legislation.
  • The Victims Bill will be introduced to Parliament "in due course"; no date is given.
  • If it wishes to make proposals for wider Ombudsman reform, the minister says he will engage with the Committee.

Read the government's response ↗ Report an error

Recommendations and conclusions

All 20 recommendations and conclusions

Reports

All reports

Evidence

  • 1 oral evidence sessionLatest 14 December 2021
  • 2 witnesses
All evidence

Recent activity

Recommendations and conclusions 20 shown

Conclusion 1

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The Committee notes the actions taken by the Parliamentary and Health Service Ombudsman to ensure continuing services to the public in difficult and unprecedented circumstances throughout the pandemic. However, the Committee notes the substantial backlog which has developed as a result. Whilst action is being taken to reduce this, we remain concerned at the impact of delays upon those using the services of the PHSO. The Committee was also concerned to learn that changes to case-handling of level 1 and level 2 health cases have not been as clearly communicated to the public or Members of Parliament as they could have been.

Link to this item · Read this item

Recommendation 2

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The PHSO should more clearly notify visitors to its website which cases are not being considered under this new policy and further update the Committee on the review outlined to the Committee during the oral evidence session. The PHSO should also update the Committee on any prioritisation actions it is taking to ensure that the most severe cases are considered with all due haste.

Link to this item · Read this item

Recommendation 3

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The PHSO should also consider developing and reporting against timeliness targets for each grade of “severity of injustice” to better monitor the impact of the backlog on higher category cases in Levels 3 to 6.

Link to this item · Read this item

Recommendation 4

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The Committee notes that the PHSO has again struggled to reverse the trend of weaker feedback scores on some elements of its Service Charter performance areas. The Committee however also notes the need to clarify the wording of its Service Charter questions by providing additional context to PHSO users so that they can better understand what the relevant scores mean in terms of service delivery.

Link to this item · Read this item

Recommendation 5

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The PHSO should set out how it plans to take to address the three-long term, low performing scores relating to how evidence is gathered, how decisions are reached and how decisions are made in a timely final decision.

Link to this item · Read this item

Conclusion 6

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The PHSO have improved the data output about their own performance in recent years, which the Committee applauds. Nevertheless, the Committee is of the view that even more open and transparent access to feedback data will enable external stakeholders to give an accurate judgement on the work of the PHSO. One of the ways of doing that is to compare feedback from complainants who were happy with the outcome of their case, and those who were not.

Link to this item · Read this item

Recommendation 7

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The Committee recommends that the PHSO learns from and implements best practice at the Local Government and Social Care Ombudsman by publishing feedback scores about its service, split between those complainants who were happy with the result of their case and those who were not. This will allow for a better understanding of the service levels provided by the PHSO and provide a more accurate metric by which its service delivery can be assessed.

Link to this item · Read this item

Conclusion 8

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
Good staff retention ensures high standards and shows an engaged and happy workforce. Therefore, the Committee believes that it is in the PHSO’s benefit, and the benefit of the people it serves to improve staff engagement and aim for high staff retention. We welcome the PHSO’s commitment to engage more fully with its staff and will be monitoring these scores in future staff surveys to assess progress.

Link to this item · Read this item

Recommendation 9

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The Committee welcomes the career development pathways and accreditation scheme put in place within the organisation, but also encourages the PHSO to look at possible new development opportunities within the organisation to encourage staff retention and to ensure there is minimal loss to institutional knowledge.

Link to this item · Read this item

Conclusion 10

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The Committee notes the progress that has been made to date in implementing the Donaldson Review and look forward to further updates on the implementation of the Review, including an update on the progress of the pilots into systematic investigations.

Link to this item · Read this item

Recommendation 11

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
Prior to the next scrutiny session, the PHSO should update the Committee on progress against the implementation of the Donaldson Review, outlining how many areas remain outstanding and its proposed steps and timeline to address them. In this update, the PHSO should outline what actions it has taken to embed lessons on complex casehandling to its wider casework, including other technical casework areas.

Link to this item · Read this item

Conclusion 12

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The Committee welcomes the progress of the PHSO’s commitment to a diverse workforce. We are pleased by the pledge of continuous improvement in this area and look forward to hearing about further progress in the coming years.

Link to this item · Read this item

Recommendation 13

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The considerably different operating environment brought on by the Covid-19 pandemic has forced the PHSO to critically evaluate how it delivers its services. The Committee are pleased the PHSO is conducting a pilot to evaluate the implications of new working practices. The Committee will continue to monitor developments as the PHSO considers its future operating model to ensure it secures value for money from the resources it uses. Proper regard should be given to staff welfare concerns with home working which should not be an assumption in any new working model.

Link to this item · Read this item

Conclusion 14

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The Committee notes the Parliamentary and Health Service Ombudsman’s commitment to undertaking a peer review and its engagement with the HM Treasury value for money framework. Whilst the Committee recognises the PHSO’s open engagement on measuring its value for money, it remains unclear when its next peer review will be.

Link to this item · Read this item

Recommendation 15

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The Committee reiterates its previous call to undertake a peer review, and recommends that the PHSO do so as soon as possible and on a more regular basis to ensure continued value for money.

Link to this item · Read this item

Recommendation 16

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The Committee reiterates its call for the Government to introduce legislation to reform the PHSO and start consulting with relevant stakeholders and the public, on a cross-party basis, to ensure the Bill be brought forward as soon as possible. It is now six years since the publication of the Draft Public Service Ombudsman Bill and we are still no further forward. This situation is as unacceptable as it is untenable in the long term. A Private Member’s Bill might also be considered as a vehicle for reform.

Link to this item · Read this item

Recommendation 17

Recommendation · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Recommended (the committee's words)
The Government has to take the issue of Ombudsman reform seriously and provide legislative action. We urge the Government to set out a legislative timetable before the end of this year, and seek to deliver the necessary reforms before the end of this Parliament.

Link to this item · Read this item

Conclusion 18

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The PHSO has outlined to the Committee evaluative criteria for the 2021–22 period and explained the delays to the launch of their new strategy. The Committee will continue to monitor the PHSO’s delivery against its 2022–25 corporate strategy.

Link to this item · Read this item

Conclusion 19

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The Committee notes the strong progress the PHSO has made in delivering against this objective and informing discussions in the international Ombudsman community. The Committee looks forward to hearing of further progress in this area.

Link to this item · Read this item

Conclusion 20

Conclusion · First Report - Parliamentary and Health Service Ombudsman Scrutiny 2020–21

Concluded (the committee's words)
The Committee welcomes the PHSO’s actions in developing a complaints standard for the NHS and government bodies. The Committee looks forward to seeing further updates on the progress of pilots.

Link to this item · Read this item

Reports

1 report

Oral evidence sessions

1 session

On smaller screens, scroll horizontally to read every column. Keyboard users can focus the table region and use the arrow keys.

Date Session and witnesses Source
14 Dec 2021
Parliamentary and Health Service Ombudsman Scrutiny 2020-21
Amanda Amroliwala CBE · Parliamentary and Health Service Ombudsman, Rob Behrens CBE · Parliamentary and Health Service Ombudsman 		View ↗

Who gave evidence

2 witnesses

On smaller screens, scroll horizontally to read every column. Keyboard users can focus the table region and use the arrow keys.

WitnessOrganisationSessions
Amanda Amroliwala CBE · Deputy Ombudsman and CEO Parliamentary and Health Service Ombudsman 1
Rob Behrens CBE · Parliamentary and Health Service Ombudsman Parliamentary and Health Service Ombudsman 1

Correspondence

12 letters

On smaller screens, scroll horizontally to read every column. Keyboard users can focus the table region and use the arrow keys.

PublishedDirectionLetter
25 Jul 2022 From committee Letter to Sir James Bevan, Chief Executive, Environment Agency on implementation of PHSO recommendations, dated 19.7.22
12 Jul 2022 To committee Letter from Maria Caulfield MP, Parliamentary Undersecretary for Patient Safety and Primary Care to Chair and Rt Hon Jeremy Hunt MP on the PHSO Report: Unlocking Solutions in Imaging, dated 4.7.22
17 May 2022 To committee Letter from NHS England and Improvement on the Parliamentary and Health Service Ombudsman's Report: Unlocking solutions in imaging: Working together to learn from failings within the NHS, dated 10.5.22
29 Mar 2022 To committee Letter from Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsman on UK Central Government (UKCG) Complaint Standards, dated 22.3.22
24 Feb 2022 To committee Letter from Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsman on complaint handling service in 2022, dated 21.2.22
3 Feb 2022 To committee Letter from Rob Behrens CBE, Ombudsman and Chair, Ombudsman and Chair Parliamentary and Health Service Ombudsman on PHSO Business Plan 2022, dated 25.1.22
18 Jan 2022 From committee Letter to Rt Hon Steve Barclay MP, Chancellor of the Dutchy of Lancaster on extension of term of office of the Parliamentary and Health Service Ombudsman, dated 14.12.21
11 Jan 2022 From committee Letter to Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsman on follow-up evidence after the 14.12.21 oral evidence session, dated 11.1.22
11 Jan 2022 To committee Letter from Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsman on contract extension, dated 5.1.22
7 Dec 2021 To committee Letter from Rob Behrens CBE, Ombudsman and Chair Parliamentary and Health Service Ombudsman on improvement to clarity of data published, dated 24.11.21
19 Nov 2021 To committee Letter from Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsman on the Alternative Legal Remedy, dated 12.11.21
19 Nov 2021 To committee Letter from Rob Behrens CBE, Ombudsman and Chair, Parliamentary and Health Service Ombudsman on the Legal Aid Agency complaint, dated 2.11.21