Eleventh Report - Human Rights Ombudsperson

Ombuds play an important role in upholding human rights and identifying where there may be systemic issues affecting individuals’ rights. We were pleased to hear that the PHSO and LGSCO take seriously their role in relation to human rights. We encourage the PHSO and LGSCO to continue to embed human rights in their work. To this end, it would be helpful for them to refer to human rights standards and principles in their decisions whenever possible. The PHSO and LGSCO should continue to monitor and collect data on the number of decisions they make that engage human rights issues and make that data publicly available online. (Paragraph 33) A new Human Rights Ombudsperson?

Whilst we see some force in the argument that a Human Rights Ombudsperson could fill some of the gaps that currently exist in the ombuds landscape, we do not believe the creation of a Human Rights Ombudsperson would be a proportionate response. The creation of a new Human Rights Ombudsperson would not make it easier for people seeking to bring complaints regarding their human rights. (Paragraph 51) Improving the current framework

We welcome the work of the PHSO and LGSCO to improve public awareness about their work. It is important that people are aware that there is a free and independent ombud that can consider their complaints outside the courts, including those concerning their human rights. Outreach work is an important part of building public awareness, as vulnerable and hard to reach communities may be less aware of their human rights and the complaints processes available. Despite the efforts made by the PHSO and LGSCO, it is clear that public awareness could be higher. To improve public awareness the PHSO and LGSCO should ensure they are effectively conducting outreach work with vulnerable communities and those who do not usually engage with their work. They should also collect and publish data to analyse whether outreach work has been successful in increasing public awareness.

The PHSO and LGSCO should also seek to work more closely with the EHRC, public bodies, other public services ombuds and NGOs. Where appropriate, they should produce joined-up strategies to increase public awareness and improve accessibility of their services. They should also collect and publish data to show how effective those strategies have been.

We have been told about a number of barriers people currently face when trying to make complaints to the PHSO and LGSCO. Where possible, those barriers should be removed to make it easier for people trying to assert their human rights out of court. (Paragraph 70) Human Rights Ombudsperson 27

The Government should consider amending the statutes which set out the mandate of the PHSO and LGSCO to make it clear that they can consider human rights when determining whether there has been maladministration.

We have heard that the MP filter can act as a barrier for individuals seeking to bring complaints, including those about their human rights. We are also aware, however, of the importance of the relationship between MPs and their constituents and the role of Members in complaints. The Government should carry out a detailed review of the operation of the MP filter.

The Government should empower the PHSO and LGSCO to initiate investigations where they think there may be systemic breaches of human rights.

We have heard that simplifying the current ombuds landscape would make it significantly easier for individuals to make complaints, including those where human rights are engaged. The Government in 2016 was committed to simplifying the landscape and published a draft Public Services Ombudsman Bill. However, that work has slipped from the legislative agenda. Given the potentially significant benefits that reforms could have for people making complaints where human rights are engaged, we are disappointed that the Government has not brought forward ombuds reform and urge them to do so. (Paragraph 81) 28 Human Rights Ombudsperson