Select committee: Public Administration and Constitutional Affairs Committee

Conclusion 4

Third Report - Parliamentary and Health Service Ombudsman Scrutiny 2022–23 Published 4 Mar 2024 Paragraph 23
Conclusion (the committee's words)
We welcome the increase in the number of cases resolved by mediation and PHSO’s ambition to widen the range of cases resolved by mediation in 2023/24. The PHSO stressed that the cultural attitudes of stakeholders, notably in the NHS, were a barrier to increasing the number of cases resolved through mediation. The PHSO should outline how it is working with stakeholders to place a stronger emphasis on mediation in the Complaint Standards for the NHS and for Government. The PHSO should also write to us before our next annual inquiry into the PHSO, setting out whether it has matched its ambition for 2023/24 to maintain the number of cases resolved by mediation and to appropriately widen the types of cases resolved to include more complex cases and cases beyond those focused on healthcare. It should also set out what its medium- and long-term aims are for mediation and the measures it is intending to take to achieve those aims.

From: Public Administration and Constitutional Affairs Committee, Third Report - Parliamentary and Health Service Ombudsman Scrutiny 2022–23 (HC 198), paragraph 23, 4 March 2024

Government response

The government responded to the whole report on 23 May 2024 (deadline 14 May 2024).

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

The Government states it "remains supportive of the PHSO" but is "not convinced that fundamental reform is a priority at the current time" and would "stop short of mandating" the Complaint Standards.

  • On mediation, the Government says NHS England "agrees that mediation can support the resolution of a complaint" and "will work with DHSC and NHS Resolution to encourage the medical profession to engage in mediation".
  • On legislative reform of the PHSO, the Government is "not convinced that fundamental reform is a priority at the current time" but is "content to keep this under review" and to look at specific proposals "on a case by case basis".
  • It notes that it recently introduced legislation to remove the MP filter for victims of crime and says it "will be important to review the impact of this in the year ahead".
  • On the Complaint Standards, it "remains supportive" and says the Cabinet Office should play a role, "assuming that the Standards are shown to be working in practice", but it would "stop short of mandating their use" and prefers to "strongly encourage" take up.

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