Select committee: Public Administration and Constitutional Affairs Committee

Recommendation 6

Third Report - Parliamentary and Health Service Ombudsman Scrutiny 2022–23 Published 4 Mar 2024 Paragraph 30
Recommendation (the committee's words)
We reiterate the concerns we expressed in our 2021–22 report about the PHSO’s continuation of the ‘severity of injustice’ approach to case management which means certain cases are very unlikely to be resolved and are not subject to detailed investigation. This was introduced as a temporary measure during the pandemic. The PHSO have stated it intends to review its future approach when the backlog of cases caused by the COVID-19 pandemic has been dealt with, with this likely to take place towards the end of the 2023/24 financial year. We reiterate the recommendation from our 2021–22 report that the PHSO should set out publicly the criteria it will use during the review to determine its future approach.

From: Public Administration and Constitutional Affairs Committee, Third Report - Parliamentary and Health Service Ombudsman Scrutiny 2022–23 (HC 198), paragraph 30, 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.

Read the government's response ↗ Report an error