Links with other bodies
Parliamentary and Health Service Ombudsman
In 2003 Ann Abraham, the Parliamentary and Health Service Ombudsman and Tony Redmond, the Chairman of the Commission for Local Administration in England (the Local Government Ombudsmen), made proposals to the Cabinet Office and the Department for Communities and Local Government for legislative changes to facilitate closer working between them.
After a public consultation exercise and scrutiny by Committees in both Houses of Parliament, a Regulatory Reform Order (RRO) came into force on 1 August 2007. It amends the primary legislation that set up the Parliamentary Ombudsman, the Health Service Ombudsman and the Local Government Ombudsman services.
In broad terms the Order enables the Parliamentary Ombudsman, the Local Government Ombudsmen for England and the Health Service Ombudsman for England to work together collaboratively on cases and issues that are relevant to more than one of their individual jurisdictions.
For more details, see our Fact sheet on the RRO (available from 'downloads' in the right hand column).
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Standards Board
Until the Local Government Act 2000 was passed, the conduct of council members (councillors) and staff was subject to the National Code of Local Government Conduct. The Local Government Ombudsman could investigate complaints about breaches of this code.
The Local Government Act 2000 introduced a new regime:
- a new model code of conduct for members;
- each council to adopt its own code (the model code as it stands, or
with additions); and
- the Standards Board for England would consider complaints about breaches
of the code.
The model code was approved by Parliament on 27 November 2001.
The jurisdiction of the Local Government Ombudsman did not change, in that they can still investigate complaints about misconduct. So some people may, and perhaps in some cases should, make a complaint both to the Standards Board and to the Ombudsman. Much depends on what the aggrieved person wants. If the desired outcome is a sanction against the offending member, the complaint must go to the Standards Board. If there is a claim of personal injustice and a remedy is sought, the complaint must go to the Ombudsman (because the Board cannot give a remedy to the individual).
A strong working relationship is seen by the Board and the Ombudsman as essential. A Memorandum of Understanding to lay the foundation for such co-operation was agreed in 2001.
In May 2008 the role of the Standards Board changed. It no longer receives complaints centrally nor decides whether to refer them for investigation. Instead, a locally based system is in operation whereby the Standards Committees of local authorities are responsible for in initial assessment, referral, investigation and hearing of complaints.
The Standards Board will continue to investigate the minority of cases which cannot be taken on locally (for reasons such as seriousness, complexity, potential for precedent setting, conflicts of interest, or impact on the public interest). The Standards Board will also continue to give general advice and support on case handling and broader governance issues.
A new Memorandum of Understanding was therefore agreed between the Ombudsmen and the Standards Board to reflect these changes (see 'downloads' in the right hand column).
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Date Updated: 28/11/08