Recommendation 9

HM Government Deferred

We fully endorse the Committee’s recommendation urging the Government to take legislative action to reform UK public service Ombudsman schemes. This much-needed reform was recommended by the Committee in July 2020 and January 2021, as well as by PACAC’s predecessor committees. A modern Ombudsman service with updated powers is essential, not only to improve access to justice, but also to ensure public services are supported and challenged to learn from the COVID-19 pandemic. Wholesale, fundamental reform is now urgently required to create a new, modernised, integrated Public Service Ombudsman. PHSO’s outdated powers put the UK and England out of step with international benchmarks of good practice, as defined in the Venice Principles on the Protection and Promotion of the Ombudsman Institution. These 8 Parliamentary and Health Service Ombudsman Scrutiny 2020–21: PHSO and Government responses were adopted by the United Nations General Assembly in December 2020, following a resolution co-sponsored by the UK Government. Despite this, we have been informed by Government, on several occasions, that no Parliamentary time is available during this Parliament to bring forward a Public Service Ombudsman Bill. In its absence, we are seeking opportunities in current legislation to achieve incremental reform to PHSO’s service. We welcome provisions in the draft Victims Bill to remove the MP filter for complainants who have been a victim of crime. This will improve their access to justice, as they will be able to bring complaints directly to PHSO in future. We have greatly valued the support of the Government in bringing forward this legislation. However, it is imperative that the Government also looks to remove the MP filter for all complaints about Government departments to ensure that everyone receives the same high-quality accessible service. We understand and value the important role that MPs play in advocating for complainants. Should the Victims’ Bill, including the clauses to remove the MP filter, receive Royal Assent, we plan to engage with MPs and members of the public to inform PHSO’s approach to enacting the removal of the MP filter. We are exploring different options including introducing a ‘dual track’ approach that would remove the MP filter as a requirement but maintain the option for members of the public to refer their complaint via an MP if they wished to. We would welcome the Committee’s views in shaping these proposals.