Northern Ireland Public Services Ombudsman (NIPSO) – Functions and Powers

1. Northern Ireland Public Services Ombudsman (NIPSO) – Functions and Powers Marie Anderson, NIPSO Presentation to Ulster University Students Coleraine Campus 20 February 2019

2. The Role of the Ombudsman • Independent • Impartial • Investigator • Officer of the Northern Ireland Assembly • Reports to the Assembly on functions and where injustice is unremedied can make a ‘special’ report • Extended Investigation Powers • Increased jurisdiction for complaints of maladministration

3. NIPSO • NI Ombudsman (NI Commissioner for Complaints & Assembly Ombudsman) • Offices in existence since 1969 • All public services, health & social care, housing, planning, education • Public Services Ombudsman Act (NI) 2016 came into force on 1 April 2016 • Includes extended jurisdiction in Education, and new powers of Own Initiative Investigations and Complaints Standards Authority

4. NIPSO Remit from 1 April 2016 • Departments and their agencies • Arms length bodies • FE and HE bodies (1 October 2016) • Publicly funded schools (1 April 2017) • Own Initiative Power (1 April 2018) • Complaints Standards Authority

5. The Ombudsman’s Jurisdiction • Administrative functions – not policy making or legislative functions • Can investigate health and social care judgment • Cannot investigate the merits of a decision taken without maladministration

6. Who can complain to the Ombudsman? • Members of the public. • Students enrolled in courses provided or validated by a university (includes references to a constituent college, school or hall or other institution of a university) . • Complaint can be made by MLA or member of the family or other ‘suitable person’. • Any body can refer a complaint to the Ombudsman but the complaint must have been made to the body first.

7. Decisions Taken without Maladministration • S.23 (1) of 2016 Act ‘Nothing in this Act authorises the Ombudsman to question the merits of a decision taken without maladministration by a listed authority in the exercise of discretion’

8. How to Complain to NIPSO • Complaint made to body first (unless there are special circumstances). • Complainants must be signposted to the NIPSO upon completion of complaints procedure. • Complainant must bring the complaint to the Ombudsman within six months of receiving notice that the body’s internal complaints procedure has been exhausted (unless there are special circumstances). • Public can complain to the Ombudsman about the complaints handling process. • All bodies can refer complaints to NIPSO if they are unable to resolve the complaint.

9. Maladministration Maladministration – not defined • Parliamentary Commissioner Act 1967 – during debate Crossman speculated what might constitute maladministration (which became known as the Crossman catalogue) – 'A positive definition of maladministration is far more difficult to achieve. We might have made an attempt in this Clause to define, by catalogue, all of the qualities which make up maladministration, which might count for maladministration by a civil servant. It would be a wonderful exercise - bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude, arbitrariness and so on. • Lord Denning commented in 1979 on this saying “and the so on would be a long and interesting list, clearly open-ended, covering the manner in which a decision is reached or discretion is exercised”.

10. The Principles of Good Administration • Getting it right • Being customer focused • Being open and accountable • Acting fairly and proportionately • Putting things right • Seeking continuous improvement

11. Website • www.nipso.org.uk • New online complaints form • Leaflets for students, public bodies • Guidance on complaint handling • Social media guidance for Councillors