UKAJI March 2019 update

Here is UKAJI’s round-up of significant administrative justice news and events for March 2019. If you have any information to add to this update or any future updates, please contact Lee Marsons on lm17598@essex.ac.uk or @LeeGTMarsons.

UKAJI blog posts:

• Margaret Doyle posted a blog entitled ‘Report on the Administrative Justice Council Academic Panel’s Pop-Up Event, 12 February 2019’ on 5^th March 2019
• Gavin McBurnie posted a blog entitled ‘The All-Party Parliamentary Group on Consumer Protection – Report from the Ombudsman Inquiry’ on 18^th March 2019;
• Richard Kirkham posted a blog entitled ‘A manifesto for legislative reform of the ombudsman sector’ on 28^th March 2019.

Published research:

• Joe Tomlinson and Matthew Ahluwalia published an article entitled ‘Benefit Sanctions, Illegality, and Administrative Justice: After Judicial Review?’ in Judicial Review.

Reports, guidance, and reviews:

• The Local Government and Social Care Ombud published its good practice guidance for care providers on 15^th March 2019;
• The PHSO published its response to the Care Quality Commission’s review of the implementation of its 2016 Report ‘Learning from Deaths’;
• The PHSO published its response to the London Victim Commissioner review of the Victim’s Code on 20^th March 2019. The Commissioner’s report can be found here.
• The PHSO published its response to the Donaldson Review on how the PHSO makes use of clinical advice and evidence in NHS casework on 21 March 2019;
• The Public Administration and Constitutional Affairs Committee published its report on the performance of the PHSO on 25^th March 2019. This followed Rob Behrens’ evidence session before the Committee on 22^nd January 2019;
• NHS England published a good practice case study of two Clinical Commissioning Groups on how to use complaints handling and implementation to increase patient safety;
• The PHSO published its response to the call for evidence by the Independent Chief Inspector for Borders and Immigration on complaints handling;
• Health Education England (NHS) published its review of mental wellbeing among NHS staff and learners;
• The Venice Commission of the Council of Europe published its guidance on the independence and accountability of ombuds institutions on 19^th March 2019.

Events:

• The Cross Government Complaints Forum held an event in central London on 25^th March 2019 where Chris Gill of the University of Glasgow and Carolyn Hirst of Hirstworks presented their good practice principles on employee complaints;
• The Law Society of Scotland held an event concerning the future of administrative justice in Scotland on 28^th March 2019;
• The Australian Dispute Resolution Network launched a call for papers for its 8^th ADR Research Network Round Table to be held in December 2019 in Melbourne;
• The Welsh Assembly approved the Public Services Ombudsman (Wales) Bill on 21^st March 2019;
• The Social Security Advisory Committee launched a call for evidence on social security and separated parents in the child maintenance, Child Benefit, and Universal Credit system.
• The Equality and Human Rights Commission expressed the view that the Grenfell Tower tragedy violated human rights laws on 13^th March 2019

Ombuds affairs:

• The Local Government and Social Care Ombud determined that a Cornish boy had been left without proper education for a year because of the lack of a joined-up approach by Cornwall council;
• The Local Government and Social Care Ombud determined that a family had been left in unaffordable housing after Basingstoke and Deane Borough Council denied their right to appeal a homelessness decision on 21 March 2019;
• The Local Government and Social Care Ombud determined that a child from Surrey who had special needs was denied adequate education for fifteen months due to the council’s delay in providing a EHC plan;
• The PHSO determined that a patient’s eye removal operation by North Cumbria University Hospital Trust was avoidable on 27^th March 2019;
• The PHSO published a blog by Tony Dysart, NHS England Lead Clinician, about working in partnership to improve complaints handling;
• The Financial Ombud Service published its six-monthly complaints data on individual businesses and groups on 13^th March 2019;
• The Financial Ombud Service published a blog concerning the potential consequences of a ‘no deal Brexit’ for consumers and the Service on 13^th March 2019;
• The Scottish Public Services Ombud published its Support and Intervention Policy on 18^th March 2019;
• The Scottish Public Services Ombud laid its findings in sixty one cases before the Scottish Parliament.

News items:

• Joshua Rosenberg of Law in Action took his viewers inside a central London immigration tribunal to reveal its inner workings;
• The Law Society of Scotland reported that it is to carry out research on the role of ADR and pro bono in Scottish legal services.

Coming up in April 2019…

• A blog from Sarah Nason on her administrative justice and education in Wales workshops that took place during February and March 2019 at the University of Bangor;
• A blog from Maurice Sunkin reviewing Richard Kirkham and Marc Hertogh’s text ‘Research Handbook on the Ombudsman’
• A blog from Lee Marsons on the PACAC’s report on the PHSO mentioned above;
• A blog from Lee Marsons concerning the SLSA 2019 events on administrative justice at the University of Leeds;
• A blog from Natalie Byrom exploring her work on defining and providing metrics for access to justice in the administrative justice field;
• A blog from Margaret Doyle concerning her report ‘A Place at the Table’ to be launched in June 2019 about young people’s participation in resolving disputes about special educational needs and disabilities;
• Public Law Project, Cardiff University, and Linenhall Chambers are co-sponsoring an event related to administrative justice in Wales to be held on 25^th April 2019.