UNCORRECTED TRANSCRIPT OF ORAL EVIDENCE To be
published as HC 1012-i
House of COMMONS
MINUTES OF EVIDENCE
TAKEN BEFORE
COMMUNITIES AND
LOCAL GOVERNMENT COMMITTEE
PRE-APPOINTMENT HEARING
WITH THE GOVERNMENT'S PREFERRED CANDIDATE FOR LOCAL GOVERNMENT OMBUDSMAN AND VICE-CHAIR OF THE COMMISSION FOR LOCAL
ADMINISTRATION IN ENGLAND
Monday
12 October 2009
DR JANE MARTIN
Evidence heard in Public Questions 1 - 52
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Oral Evidence
Taken before the Communities and Local
Government Committee
on Monday 12 October 2009
Members present
Dr Phyllis Starkey, in the Chair
Sir Paul Beresford
Mr Clive Betts
John Cummings
Anne Main
Alison Seabeck
________________
Witness: Dr Jane Martin, Government's preferred
candidate for Local Government Ombudsman and Vice-Chair of the Commission for
Local Administration in England,
gave evidence.
Q1 Chair:
Can I
welcome you, Dr Martin, and if I could start off with a couple of relatively
easy questions and then we will move on to others later. First of all, can I ask you about the
recruitment process that you have been through.
How did you come into the system?
Did you respond to an advert? In what way did you first get into the
system for this appointment?
Dr Martin: Thank you. Basically I applied to a national
advertisement which I think was in the Sunday
Times, if I recall correctly, around about May time, I responded to that
advertisement. At the same time I had
been in touch with the agency who is dealing with the recruitment in relation
to another post and they signposted me to the advertisement. I responded to that advertisement and put in
my full application as a result of which I went through the recruitment process,
which was a series of interviews.
Q2 Chair:
How
have you prepared for this hearing?
Dr Martin: I have refreshed my memory of
the information that I provided to the interview panels which was quite a few
weeks ago now. I have made sure, also,
that I am completely up-to-date on the current work of the Ombudsman and the
kind of issues that I thought you might be interested to hear from me about.
Q3 Chair:
Okay.
I noticed that you have a post as a Non-Executive Director of the Coventry
Primary Care Trust. The Ombudsman's job
is a full-time job, are you intending to retain that other appointment?
Dr Martin: No, I am not. I made it clear at the interview process and
have now spoken to the Chair of Coventry PCT and made it clear that I will not
continue with that post if I am successful with this one.
Q4 Mr
Cummings: Would you tell the Committee why you believe
the role of the Ombudsman is important?
Dr Martin: I believe the role of the
Ombudsman is important because it is one of the most significant ways in which
members of the public can make their complaints heard at a high level and be
guaranteed independence and fairness in being dealt with in that complaint and
to seek redress against maladministration of local government.
Q5 Mr
Cummings: Would you tell the Committee how your
experience to date prepares you for this job?
Dr Martin: Yes, I am happy to do that.
Over 20 years I think there are three things I would like to highlight. The first is that I have got a very good
understanding and expertise in local administration based on having a breadth
of experience across the public sector, having worked in local government,
health and education. I think I also
bring a very wide perspective of issues in public accountability and indeed the
challenges that all local organisations face in securing good public
accountability. I think my perspective
is both from the point of view of the official and also from the point of view
of the consumer and the citizen.
Q6 Sir
Paul Beresford: You have not had a senior post in local
government, have you? You have not been
a chief executive or deputy chief executive?
Dr Martin: That is true, I have not been
a chief executive.
Q7 Sir
Paul Beresford: How senior is the most senior post you have
had in local government?
Dr Martin: I have not had a senior post
in local government but I have had a senior post in other national
organisations. The ones I would draw to
your attention are that I was Executive Director of the Centre for Public
Scrutiny and I am also currently Deputy Chief Executive of the Local Better
Regulation Office.
Q8 Sir
Paul Beresford: That is quite different from local government,
local government problems, dealing with the problems of the public in local
government and vice versa.
Dr Martin: I hope that what I will do is
I will bring a wider perspective than perhaps somebody who has just worked as a
chief executive. I am well aware that
the other Local Government Ombudsmen are chief executives. I hope what I will bring to the Local Commission
is a wider perspective based on having worked with a number of local
authorities when I was a consultant for the Improvement and Development Agency
and also, in fact, working for the Centre for Public Scrutiny.
Q9 Sir
Paul Beresford: The problem with that is that effectively you
are one of three separate geographically so you will only bring it to your
area, if in fact it is a valid point.
Dr Martin: I hope that will not be the
case. I will also be Vice-Chair of the Commission and hope that I will be
working very much as part of a team with my colleagues.
Q10 Mr
Cummings: Are there any aspects of the role that you
will find particularly challenging?
Dr Martin: I do believe that I have got
the breadth of skills and experience to tackle this role, however one of the
first things I will do is make sure that I am up to speed on the recent work of
the Ombudsman and also any areas of public law which will be important for me
to have knowledge of.
Q11 Mr
Cummings: So you are just entering the job and you do
not think there will be any particular aspects that you will be dealing with
that you will find to be problematic?
Dr Martin: I think I have just explained
that there are two areas that could be problematic. One is making sure that I have got sufficient
knowledge around areas of law and also sufficient knowledge and content around
the work of the Ombudsman. However, as
you perhaps will have picked up from my CV, I have worked in different areas
across the public sector and I am fairly confident that I can pick up a new
brief very quickly.
Q12 Mr
Cummings: In those particular areas will you have
adequate support within your department?
Dr Martin: I hope so, but in all honesty
that remains to be seen. Certainly from
early conversations I have had with other colleagues in the Commission I feel
that I will be working in a very supportive environment.
Q13 Anne
Main: What would you say the main challenges are for
local authorities at present given that you do not have a specific local
authority role that you can draw on?
Dr Martin: May I just ask for
clarification. Do you mean the wider issues
that face local government or in relation to the Ombudsman work?
Q14 Anne
Main: No, the wider issues facing local government
and also the challenges reflecting complaints from members of the public.
Dr Martin: I would say that the wider issues
facing local government at the moment are perhaps two-fold. One is, of course, the question of public
funding. All public authorities will be
very mindful of the fact that there will be a squeeze on public funding and
local authorities will be no exception to that. I know from the work that I
have been doing in my current role that local authorities are very much looking
to the ways in which they can make efficiencies, thinking of things like shared
services, et cetera. The other point
that I was going to make is that the way in which public services are delivered
at the local level have of course been changing over many years and the local authority
is less the direct provider of services than perhaps the commissioner of
services. I know there are particular
issues in the way in which public services around health and social care are
integrated effectively between local authorities and the primary care
trust.
Q15 Anne
Main: You just touched on one thing I would like to
explore a little further. You accept
that there is going to be a major cutback potentially in funding. The 2008-09 LGO Annual Report, prior to the
economic situation we are now in, suggested you are faced with an increased
workload and diminishing resources. Now
that sounds like it is only going to get worse, so are we expecting an
impossible job?
Dr Martin: It is certainly going to be
tough, I assume you are referring to the Ombudsman Service now. It is certainly going to be tough, and the
Ombudsman Service will be no exception to other public services having to
deliver more for less, particularly at a time when of course there are new responsibilities
coming through to the Service for personal social care and for schools. My approach to this would be very much to be
looking at demand management based, of course, on experience to date but having
to think about forecasting how demand could be managed in the future.
Q16 Anne
Main: You have handled situations like this in the
past. Can you give us some examples?
Dr Martin: I have got examples of having
worked as a consultant with the IGA with a number of local authorities, for
example working with Hertfordshire and its districts to think about how they
would manage demand for a new call centre which they wanted to collaborate on
under the e.government scheme. I have also done work in that role for what was
then the Equal Opportunities Commission looking at the way in which they manage
demand for their contact call centre.
Q17 Sir
Paul Beresford: How are you going to manage the expansion of
the LGO as the money tightens because the role of the LGO has expanded
recently?
Dr Martin: I think one of the things we
will have to think more carefully about perhaps is proportionality. From what I understand at the moment the
advice centre, which was initiated some 18 months ago, has made quite a
difference to the way in which the work is managed so that there is, if you
like, a triage system at the beginning of the complaints process, and that
means that complaints that come through are often more complex and require more
detailed investigation. It may be that
we can look at ways in which we can develop that approach by thinking about the
proportionality of the complaints, perhaps the significance of the complaint,
the question about to what extent there has been maladministration. In short, to answer your question, I think
proportionality is important.
Q18 Sir
Paul Beresford: For every complainant that complaint is the
number one thing.
Dr Martin: Of course, yes. Yes, I do accept that it is quite a difficult
matter because we also need to ensure that all complainants are treated fairly
and get a fair hearing.
Q19 Sir
Paul Beresford: Have you ever had a job facing complaints?
Dr Martin: Yes, I have. I was a member of a school governing body for
around about ten years. I am a parent of
two children. On the governing body I
certainly worked with parents and helped them to put forward complaints to the
head teacher in that role.
Q20 Anne
Main: That is a slightly different role, I would
have thought, than what you are being asked to face. Would you say three Ombudsmen are enough? If
you are discussing some sort of triage system, are three Ombudsmen enough?
Dr Martin: That remains to be seen. It is possible that there will need to be
extra capacity in the service, at this stage it is a bit difficult for me to
judge without any further information about the new responsibilities as they
come on board.
Q21 Anne
Main: In which case then how do you think the new
legislation relating to complaints handling for individual school issues and
individuals purchasing their own adult social care will impact on the LGO's ability
to manage complaints effectively?
Dr Martin: Again, you have already
touched on this point but it will require the Local Government Ombudsman to
think very carefully about the way in which there is sufficient capacity to
absorb that new work. I am familiar, for example, with systems such as Lean
Systems thinking whereby you have to think very carefully about the demand that
is coming into the system and look at different ways of managing it. I think until I am in the post it is a little
difficult for me to give you any more information than that.
Q22 Sir
Paul Beresford: This is going to be a huge area in numbers but
smaller than the actual individual complaints, how are you going to get
consistency?
Dr Martin: I will be led by a process
which I will ensure is rigorous in terms of the evidence that is brought to
bear on which I and of course my other colleagues will be making
judgments. So I will be very much led by
that process. Hopefully we will work
closely together to ensure that there is consistency.
Q23 Alison
Seabeck: You have talked about the process, you have
talked about the importance of the process in dealing with pressures. You also
though have a degree of discretion within your role as to which ones you do and
which ones you do not. Is there a risk that if there is a significant number of
cases that, using your discretion, you may err on the side of, "Well, perhaps
the evidence is not quite as strong there" and will put it to one side and will
that lead to a drop in the public's faith in the role of the Local Government
Ombudsman if they think your discretion is being used too widely?
Dr Martin: I will certainly do all I can
to guard against that. I am very well
aware that public trust and confidence in this Service is absolutely paramount.
For all complainants to be treated
fairly is most significant. Although I
can certainly use my discretion I will be led by the evidence and the facts
that are in front of me each time, and take each case on its own merits.
Q24 Alison
Seabeck: Can I ask also, there is a public perception
amongst some of my constituents that the Local Government Ombudsman has not
very much power. There are also concerns
that you are often dealing with local authorities who are, we have heard
earlier, commissioning out services. How
strongly do you feel that you have enough power to deal with those services
which are not within the direct control of the local authority but which are
being delivered on behalf of the local authority to members of the public?
Dr Martin: I suppose that it is important
to make sure that the local authority is aware that it is the authority,
whether it is commissioning services, out-sourcing services, et cetera, and so
we will need to be very clear about where the responsibility lies for that. My understanding of the Service to date is
that there is a very high level of take-up of the recommendations of the
Ombudsman and I would expect that to continue.
Q25 Alison
Seabeck: This is probably a bit early in your interest
in this role. Do you have any feel about
the timescale under which local authorities are implementing Ombudsman's
decisions? We have evidence that they
are, indeed, taking an Ombudsman's decision and acting on them but I have a
sense, particularly from local authorities in the South West, that some of them
are really dragging their feet on that.
Is there anything within your remit which allows you to apply pressure
to insist that they act?
Dr Martin: Formally of course, no there
is not, but I think this is where having good relationships with local
authorities which are not too cosy are important, but it is worth remembering
that the Ombudsman is about dispute resolution so I would hope that the ways in
which we resolve disputes are acceptable to both sides. That is a way in which you will get the most
speedy response and appropriate response.
Q26 Alison
Seabeck: How do you get the public to understand that
the LGO really is doing the job that they think you ought to be doing? How do you spread the word, if you like,
about the role you have and the fact that you are doing it in a certain way?
Dr Martin: I think that is one of the
areas that I would like to look at actually because it seems to me that the
Ombudsman to date does not get out, as it were, through a range of media
effective public information. Having had
a look at the annual letters that go to local authorities, the special reports,
they seem to me to be rather dry and to rely quite heavily on statistical
information. I would like to look at
ways in which the Ombudsman can get out more information about the nature of
the work that is done and also around the lessons learnt for both local
authorities and in the end for the public.
Q27 Alison
Seabeck: It is interesting you used local
authorities. Are there any specific
demographic groups that you think you ought to be targeting separately?
Dr Martin: Certainly for a public
service like this one should always be very mindful of the more vulnerable
groups. We tend to talk a lot about
consumer complaints in relation to choice in public services but, of course, we
should always remember that for many people who are less able to have choice,
who cannot exit services, as it were, then it is important that we get the
message out to them in particular. I
have noted, for example, that the Ombudsman Service already has good
arrangements in place to support young people and I would like to be assured
that the same is true for elderly groups and perhaps for particular minority
ethnic groups in the community.
Q28 Sir
Paul Beresford: What do you think of local settlements and
buying out complainants?
Dr Martin: Local settlements run at
around 25-27 per cent of the Ombudsman work at the moment. They can often be an effective solution
because they cut down the time that a complaint can take so it means the
complainant gets a more speedy redress.
As I say, if it is about dispute resolution then where there is a
willingness on both parties' part to settle at an earlier stage, if I can put
it that way, then that has got to be a good thing. Having said that, I think I would want to be
reassured that any local settlements were adequate and appropriate.
Q29 Sir
Paul Beresford: What about the idea of buying off complainants
to shut them up?
Dr Martin: That does not sound to me
like a very sensible way forward.
Q30 Chair:
Can I
just pursue that. When you talked about
dispute resolution when you were responding to Alison Seabeck is there not also
the point that a single dispute may point up that the procedures of the
authority need changing and that is what might be lost if you get a local
settlement. What would you do to stop
those lessons being lost?
Dr Martin: As I think I alluded to
before in answering Alison Seabeck's question, I would like to see the
Ombudsman being much more proactive in spreading the word around lessons
learnt. Whilst there may be some
advantages to local settlements, as I have tried to point out, that does not
preclude the fact that, as you are also rightly suggesting, for some local
authorities they need to look at their processes, perhaps their structures and
the culture of the organisation and those messages should be got through as
well. I do not think that these things
are mutually exclusive.
Q31 Sir
Paul Beresford: How are you going to be able to tell if there
has been a local settlement if you are not notified, the complaint is just
withdrawn?
Dr Martin: I would need to do some more
investigation into that.
Q32 John
Cummings: You tell the Committee in your CV that you
have worked in many advisory and academic roles during your career. What experience do you have of making, and
taking responsibility for, difficult decisions?
Dr Martin: You will have seen from my CV
that I have been involved in setting up three national organisations. Whilst that can be very energising it is also
quite difficult to make sure that those organisations meet the public policy
brief. For example, making decisions at
the Centre for Public Scrutiny about the way in which that organisation should
be taken forward, working to a board and making sure it was acceptable to local
government was quite a challenge.
Similarly, when I was part of the senior team at the National Centre for
Involvement for the NHS we had to take some quite difficult decisions and make
fine judgments about what would be acceptable to the NHS in order to develop
our brief for the organisation. Last but not least, the organisation I am
working for at the moment, the Local Better Regulation Office, set up by the
Better Regulation Executive to support local authorities, required us to think hard
about the kind of strategies and interventions that we would make with local
authorities in order to pursue our brief and to make sure the organisation was
fit for purpose.
Q33 John
Cummings: How comfortable do you feel about taking
decisions in the absence of any legal definition of maladministration?
Dr Martin: I would be guided by the
reputation and the track record of the Local Government Ombudsman Service, but
I am very happy to take decisions based on robust processes of evidence
gathering and analysis of evidence and I will ensure that they are as effective
as they absolutely must be.
Q34 John
Cummings: Could you just expand upon what you just
advised the Committee in relation to decisions that have already been made by
the Ombudsman on maladministration? You
are not suggesting that you are using a set of precedents, are you?
Dr Martin: No, because that is not the
way in which the Ombudsman Service works but I think it will help me get more
than a feel for the way in which decisions have been taken in the past and that
will help me as a new person on the team.
Q35 Mr
Betts: The Ombudsman obviously has to come to a
judgment between two competing views of a particular situation and, therefore,
independence and being seen to be independent is absolutely paramount. Do you think it is a problem, therefore, that
you have a declared political activity?
Dr Martin: No, I do not think it is a
problem. I have been, and still am, a
member of the Labour Party, however I will be relinquishing that membership
before I take up the role of Ombudsman.
I am not required to do so, but that is a decision I have made because I
do think it is absolutely important that not only should I be independent and
fair in all my judgments but I should be seen to be so as well, so I want to
avoid any doubt about that.
Q36 Mr
Betts: But your political affiliation, or past
affiliation, will still be well-known, so do you think that is going to in any
way compromise decisions that you make, that people might think you are
reaching a decision against a Conservative council and you are going to be that
bit harder there?
Dr Martin: No, I hope not. It certainly will not be the case. Perhaps I could just reassure you by saying
one example where I have worked across local authorities and parties. For example, for the Centre for Public
Scrutiny where I was promoting new scrutiny arrangements I have worked across
local authorities of all different persuasions.
Q37 Mr
Betts: In terms of independence, it is not just about
being independent, it is about being seen to be independent as well. I think there is a feeling amongst some
members of the public that the Ombudsman is not really independent at all
because they are all bureaucrats together, they have got cosy relationships
with council officers, they are all working in the same business and a poor
little outsider making a complaint does not stand much chance because it is
always going to be weighted against them.
Dr Martin: I hope that my career and
track record to date will be quite a strength in this area because I can
demonstrate that I have worked with governing bodies in schools, I have worked
tirelessly for service users, for patients, I have researched the way in which
parents work in schools and, of course, as a service user and parent of two children
who have gone through the state system I do have a very good understanding of
the point of view of the public, the citizen, the consumer, as well as the
official, if I can put it that way.
Q38 Mr
Betts: A lot of people working in the Ombudsman
Service are actually ex-local government officials, are they not? Do you think that is a problem, that they
will tend to see things from a local government perspective, an organisation
perspective, rather than from the consumer's perspective?
Dr Martin: All I can say is I hope I
bring a balanced perspective and I will certainly remind those I am working
with that although all the work of the Ombudsman must be absolutely fair and
must give due regard to both sides of any question, however the power
differential, if I can put it that way, between institutions of the state and
the public, we need to be very mindful of that potential imbalance.
Q39 John
Cummings: Would you view it as poachers turned
gamekeepers?
Dr Martin: For the colleagues who have
come from local government?
Q40 John
Cummings: Yes.
Dr Martin: No. I know a lot of people who have worked in
local authorities and I regard their professional integrity very highly.
Q41 Mr
Betts: Just in terms of your experience, you are
saying you are one step removed from being a local government officer and being
able to perceive maybe the consumer's point of view but, on the other hand, the
fact that you have not got any particular experience, say of planning and
housing where a lot of the complaints going to the Ombudsman Service are in
those areas, do you think that is a particular weakness?
Dr Martin: No, I do not. I draw to your attention that I have two
research degrees where I have honed very finely my skills to ensure that
evidence gathering methodologies are appropriate. I am used to handling evidence, I am used to
analysing evidence and bringing intellectual rigour to bear. You are right to point out that I have not
worked in particular in a housing role but I am very confident that I can pick
up a brief and make sure that I have the appropriate technical information
should I require it.
Q42 Sir
Paul Beresford: The response to that would be that you are
academic, you have not actually done it, you have not had your hands dirty and
you have not been at the front.
Dr Martin: I would regard myself as an
academic but also as a manager and a practitioner, so I hope that I would be
able to straddle both areas.
Q43 Sir
Paul Beresford: How will you deal with a vexatious
complainant?
Dr Martin: With care and
consideration. I think the important
thing as Ombudsman is to treat all complainants fairly. I am very conscious that a vexatious
complainant can take up a lot of energy and can be seen to be dominant in terms
of taking the attention of the Ombudsman.
One of the pieces of work that I did as an academic was to look at the
way in which so-called "angry parents" work with schools and I found that the
most important thing was for the school to be more dispassionate about the
complainant and to make sure that you focus on the facts of the case, and that
is what I would do with a vexatious complainant.
Q44 Mr
Betts: Can I just ask about job satisfaction. I think people tend to do a job better when
they actually enjoy doing it. In your
past roles, whether it has been academic research or other jobs you have had,
regulation and the other units you have worked in, to some extent you have been
able to set the agenda there and you had some control over what you did, trying
to influence things, trying to take things in a certain direction, but this job
is not like that, is it, you are sat there waiting for someone to complain
about somebody else's mistake and you are not in charge of any agenda, you are
totally reactive? Is that going to give
you job satisfaction?
Dr Martin: Whilst what you describe is
certainly the case I am also looking forward very much to being Vice-Chair of
the Local Commission and working with my colleagues to shape the way in which
the service is delivered. Whilst I do
not for one minute minimise the important role of Ombudsman, as you have put
it, in waiting for the next complaint and dealing with it, I regard the role as
being much broader than that. In any
event, I am really very pleased indeed to have the opportunity to take on what
I believe to be a substantial public role.
I have been a supporter of, interested in and somebody who as a
practitioner has exalted public service organisations over my career to be
very, very alive to the issues of public accountability and I regard it as a
privilege to have the opportunity to be selected for this role.
Q45 Chair:
Can
we just turn to some of the criticisms that there have been of the Ombudsman
Service, in particular criticisms that it has been a "toothless tiger". Do you think it needs greater powers? In particular, do you think it should be able
to order councils to comply with its recommendations within a certain
timescale, for example?
Dr Martin: I refer you in part to the
answer I gave earlier which is to highlight the point that the Ombudsman
Service is about dispute resolution.
What I have found interesting in my current role in working for the
Local Better Regulation Office and working with local authority inspectors who
are enforcing regulation and one of the things that has become clear to me in
that role is that the opportunity to enforce, to prosecute if you like, to
require compliance is not necessarily the most important tool in the armoury,
if I can put it that way. What is most
important is to be able to be proactive in advising and supporting best practice
and compliance with good practice in administration. From what I understand so
far the Ombudsman Service has a very high level of compliance with its
recommendations on behalf of local authorities.
I am not sure at this stage from what I know that I would necessarily
agree with your description of it being a "toothless tiger".
Q46 Chair:
Do
you think there is a greater role for the Ombudsman in checking up maybe a year
down line whether the recommendations have really made a difference?
Dr Martin: Certainly I think that would
be a very helpful thing to do. As any mechanism of public accountability as
part of the regulatory machinery of government, if I can put it that way, the
Ombudsman is only one tool and I know that the Ombudsman Service increasingly
works with regulatory bodies and the more that we could make sure there is an
effective feedback loop, if I can put it that way, so that the greater lessons
learnt from the work of the Ombudsman support best practice, I think that would
be an improvement. I would like to look
at that as one of the first things if I take up the role.
Q47 Chair:
Would
that include greater feedback to the complainant? For example, if there were recommendations
the complainant would be told that there were those recommendations but they
too would not know whether the council had actually really acted on them.
Dr Martin: Absolutely. That is a most important fundamental point
with any interaction or involvement of the public with local government or
other public agencies at the local level.
It is very important indeed that local people do get the feedback and
see that not only have they had redress for a particular complaint but that is
feeding into future practice, process and, indeed, culture of organisations.
Q48 Sir
Paul Beresford: What do you do if you have had a full inquiry,
full investigation, you support the complainant, it is a clear case and you
write and explain this to the local government concerned and they throw it out?
Dr Martin: I understand that it is the
practice of the Ombudsman certainly to make that public if that is the case and
in many cases there is nothing like the oxygen of publicity perhaps to bring
influence to bear. I think that is a
good thing. I do take on board the point
you are making and it is absolutely essential that future practice is
influenced by the recommendations of the Ombudsman.
Q49 Sir
Paul Beresford: Do you take the Government's report, and I am
thinking of the Equitable Life report, and send in a second report?
Dr Martin: The other thing that perhaps
we could look at is the way in which we tie up and align the Ombudsman work
perhaps with other forms of accountability, for example the scrutiny function
of the local authority, which you may know I have had a lot of dealings with. We have a consultative White Paper at the
moment, do we not, looking at the way in which the scrutiny function might be
expanded. It is just possible, is it
not, that there may be some tie-ups we can make there to ensure that the
internal scrutiny within the authority is adequately taking forward the
recommendations of the Ombudsman.
Q50 Alison
Seabeck: At the moment the Ombudsman's decisions can
only be challenged in court. For a
member of the public who is dissatisfied with a decision that may be a step too
far, despite the fact that they may feel natural justice is not being
done. Do you think there should be
alternative options or do you think the court route is the right route?
Dr Martin: I recognise the point you are
making that sometimes for members of the public that does seem to be a step too
far, however it is consistent with other similar forums. The main point for the public surely is to
make sure the forms of redress and public accountability are very clear-cut and
simple and easy to understand. The more
we can avoid complexity in the system then I think that has got to be a good
thing.
Q51 Alison
Seabeck: Should you be avoiding incestuousness in the
system, if you like, in that if a member of the public felt something was not
done fairly or reasonably by a particular member of your staff or team that
complaint would be investigated internally at the moment, would it not?
Dr Martin: Yes.
Q52 Alison
Seabeck: Are you comfortable with that because I know
you have some strong feelings about accountability and have made that very
clear?
Dr Martin: Yes, I take your point and I
can see that there would be some merit perhaps in having some further external
scrutiny of the Ombudsman Service. At
the moment the Ombudsman Service is accountable to Parliament through this
Committee and there may be ways in which we could improve that in the future.
Chair: Any further questions that
Members have got? No. Thank you very much, Dr Martin.
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