Conclusion 1

The Parliamentary Commissioner Act 1967, in making provision for the Parliamentary and Health Service Ombudsman (PHSO) to lay special reports before each House of Parliament in cases where an injustice has been done and is unlikely to be remedied, specifically and intentionally sets up a mechanism for political, as opposed to legal, remedy. The House has expressly given the remit to consider such reports to this committee. As such, the reports are part of a wider statutory and parliamentary process that should not be interfered with. That is not to say that this committee will automatically seek to secure compliance with any recommendations the PHSO may have made. If the organisation under investigation believes that the decisions the PHSO has made are wrong, or that the Ombudsman has exercised their powers disproportionately, it is our duty as the responsible parliamentary committee to examine the relevant reports and come to an informed understanding of each party’s position. Yet we must be in a position where we are able to make that judgement, and, if there are attempts to prevent the PHSO from laying its special reports, the work of this committee—and therefore the House—is also so prevented. That is unacceptable. (Conclusion, Paragraph 10)