Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 8
8
Acknowledged
Paragraph: 38
The increased use and focus on developing the PHSO’s mediation capacity as a means to...
Conclusion
The increased use and focus on developing the PHSO’s mediation capacity as a means to speed up casework is extremely welcome. However, considering the Ombudsman said that there is the potential to resolve 25% of cases by mediation rather than investigation, the scale of its use in the 2021–22 period to resolve less than 0.1% of cases is very disappointing.
Government Response Summary
The PHSO aims to double the number of mediations again in 2023-24, has trained more caseworkers, and will start publishing outcomes of complaints resolved through mediation; however, they state that complainant availability and the need for systemic investigations are limiting factors.
Paragraph Reference:
38
Government Response
Acknowledged
HM Government
Acknowledged
In 2022–23 we met our aim to double the number of mediations. We aim to double the number of mediations again in 2023–24. We have trained more caseworkers in mediation to give us greater capacity to handle complaints in this way. In 2023–24 we will start to publish the outcomes of complaints resolved through mediation following changes to confidentiality agreements that will enable us to share a summary of mediations and their outcomes to improve public services. This will allow us to highlight how mediation differs from the traditional adjudication and investigation service of an Ombudsman, with the aim of more complainants and organisations opting for mediation to resolve their complaints. Although 25% of health complaints that we consider could in theory be suited for mediation, complainants and organisations need to be committed to and available to take part in the process. This has been the primary limiting factor in terms of the number of mediations completed. As an organisation that is also committed to the improvement of public services, we will need to balance the number of mediations that we complete with obtaining the wider evidence for systemic change that comes from detailed investigations where we can make recommendations. By investing in training and publicising this approach to dispute resolution. we have committed to handing as many complaints as will benefit from this.