Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 9
9
Accepted in Part
Paragraph: 39
The Committee appreciates that there are issues to address with the use of mediation, such...
Recommendation
The Committee appreciates that there are issues to address with the use of mediation, such as the fact that the PHSO cannot publish the details of parties’ engagement through private mediation. However, finding solutions to these issues should be a priority for the PHSO in order to improve its overall efficiency and quality of service. The Committee should develop a plan for how mediation capability will be built up within the organisation, with a target date for when the PHSO expects to be able to resolve 25% of cases by mediation.
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, but does not commit to the specific 25% target due to complainant availability and the need for systemic investigations.
Paragraph Reference:
39
Government Response
Accepted in Part
HM Government
Accepted in Part
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.