The general standard
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Our values
Our values shape our behaviour, both as an organisation and as individuals.
They are:
- Excellence: we pursue excellence in all that we do in order to provide the best possible service.
- Leadership: we lead by example so that our work will have a positive impact.
- Integrity: we are open, honest and straightforward in all our dealings, and use time, money and resources effectively.
- Diversity: we value people and their diversity and strive to be inclusive.
The Ombudsman’s Principles
The Ombudsman’s Principles draw on over 40 years’ experience of considering, investigating and reporting on complaints. They set out a clear framework within which public bodies, including the Ombudsman’s Office, should seek to work. The six key Principles are:
- Getting it right
- Being customer focused
- Being open and accountable
- Acting fairly and proportionately
- Putting things right, and
- Seeking continuous improvement.
These six Principles are expanded further in three documents, available to download from our website – Principles of Good Administration, Principles of Good Complaint Handling and Principles for Remedy.
Of particular relevance to the handling, sharing and publishing of information are the Principles of Good Administration. Below we have set out in greater detail some of the requirements within the Principles of Good Administration:
Getting it right – means (amongst other things):
- acting in accordance with the law and with regard for the rights of those concerned;
- acting in accordance with the public body’s policy and guidance (published or internal);
- taking proper account of established good practice; and
- providing effective services, using appropriately trained and competent staff.
Being customer focused – means (amongst other things):
- ensuring people can access services easily;
- informing customers what they can expect and what the public body expects of them; and
- keeping to commitments, including any published service standards.
Being open and accountable – means (amongst other things):
- being open and clear about policies and procedures and ensuring that information, and any advice provided, is clear, accurate and complete;
- handling information properly and appropriately;
- keeping proper and appropriate records; and
- taking responsibility for actions.
Acting fairly and proportionately – means (amongst other things):
- dealing with people and issues objectively and consistently; and
- ensuring that decisions and actions are proportionate, appropriate and fair.
Seeking continuous improvement – means (amongst other things):
- reviewing policies and procedures regularly to ensure they are effective;
- asking for feedback and using it to improve services and performance; and
- ensuring that the public body learns from complaints and uses these to improve services and performance.
General principles of public law
Public law is the law that governs the exercise by public bodies and officers of the powers and duties conferred on those authorities, including the Parliamentary and Health Service Ombudsman. It is a collection of general principles which control the exercise of powers and the carrying out of duties by public authorities. The aim of those principles is to ensure that public authorities carry out their duties in accordance with the law. The principles of public law particularly relevant to this framework are that:
Public bodies must carry out their legal duties in accordance with the law
Every public authority must comply with any duties imposed upon it by statute in accordance with any requirements specified in that statute. Those on whom duties are imposed may not choose not to perform or permit themselves to be prevented from performing such duties.
Any public authority which carries out an action must be able to demonstrate that it has statutory authority to do so and that it has exercised that authority in the right and proper manner that Parliament, when conferring that authority, is presumed to have intended. A public authority must have regard to, and act in accordance with, all relevant law, including the law of the European Community.
When public bodies exercise a power they must act fairly and reasonably and in accordance with any conditions imposed by law
Legislation conferring power on public authorities frequently imposes conditions about procedures to be followed before the power may be exercised. Any such conditions must be complied with. In addition, statutory powers must be exercised in a right and proper way and in accordance with the presumed intention of Parliament when it conferred those powers. Those powers must be exercised in good faith, reasonably, for a proper purpose, and with procedural propriety.
What it means for us
It is important that all staff are aware of the extent and limitation of the Ombudsman’s powers and act within those. Staff must understand the legal framework in which information obtained by the Ombudsman’s Office can be held, disclosed and shared.
There is nothing in our governing Acts that exempts the Ombudsman from the obligation to conduct her investigations in accordance with the general principles of public law.
