Ombudsman comments on judicial review

15 October 2009

Press release 09/07

Ann Abraham, the Parliamentary Ombudsman, has commented on the outcome of the application by the Equitable Members' Action Group for judicial review of the Government's response to her report, Equitable Life: a decade of regulatory failure.

Speaking today, the Ombudsman said:

‘As I have reported to Parliament, the Government’s response to my report was deeply disappointing, providing insufficient support for the rejection of many of my findings of maladministration on the part of the regulators and my conclusions that injustice resulted from those failings.

‘The court has now found that the Government’s response was in large part unlawful, not being supported by cogent reasons for rejecting my findings.

‘How this judgment affects the Government's proposals for an ex gratia scheme is a matter for others to consider. However, while this judgment is welcome I am very aware that the injustice suffered by many people affected by the Equitable Life affair remains unremedied so many years after the relevant events.

‘I therefore hope that every effort is now made to ensure a just and speedy outcome for all those people.’

Ends

Note to editors:

  1. Ann Abraham holds the post of UK Parliamentary Ombudsman and is also Health Service Ombudsman for England. She is appointed by the Crown and is independent of Government and the NHS. Her role is to provide a service to the public by undertaking independent investigations into complaints that government departments, a range of other public bodies in the UK, and the NHS in England, have not acted properly or fairly or have provided a poor service. (There is no charge for using the Ombudsman's services.)
  2. The Ombudsman will not be undertaking interviews. For other media enquiries please contact the PHSO Press Office on 0300 061 3924.
  3. The July 2008 report of the Ombudsman's investigation into the prudential regulation of Equitable Life during the period prior to 1 December 2001 can also be accessed on the Ombudsman's website. Download or read the press release for that report, which contains a summary of its findings.
  4. The Government's response to the Ombudsman's report was provided in January 2009 by Treasury Ministers. The published response is available on the Treasury website at: http://www.hm-treasury.gov.uk/equitablelife_govt_response.htm Open in new window
  5.  
  6. The Ombudsman's further report, Injustice unremedied: the Government's response on Equitable Life (HC 435), was laid before Parliament under section 10(3) of the Parliamentary Commissioner Act 1967 on 6 May 2009. Download or read the press release for that report.
  7. The House of Commons Public Administration Select Committee has produced two reports concerning the Ombudsman's report and the Government's response to it. Those are available at the Committee's website: http://www.publications.parliament.uk/pa/cm/cmpubadm.htm Open in new window

Read the report: Equitable Life: a decade of regulatory failure