The following blog was written in partnership with Brian Thompson,
University of Liverpool, and was published on the website of the UK Constitutional Law Association on 10 November 2015
Conventional legal understandings of the powers of public service
ombudsman schemes rest on the twin principles that they (a) have
significant discretion with which to implement their powers and (b) have
to operate fair processes, albeit not necessarily processes which meet
the form and standards of the courtroom. One ongoing legal case in the
health sector is challenging these central premises and is set to become
the first ombudsman case to reach the Supreme Court. This blog
highlights the inherent risks to the ombudsman model if the applicant’s
arguments in that case are upheld.
