The basis for my determination of the complaint
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In general terms, when determining complaints that injustice or hardship has been sustained in consequence of service failure and/or maladministration, I generally begin by comparing what actually happened with what should have happened.
So, in addition to establishing the facts that are relevant to the complaint, I also need to establish a clear understanding of the standards, both of general application and which are specific to the circumstances of the case, which applied at the time the events complained about occurred, and which governed the exercise of the administrative and clinical functions of those bodies and individuals whose actions are the subject of the complaint. I call this establishing the overall standard.
The overall standard has two components: the general standard, which is derived from general principles of good administration and, where applicable, of public law; and the specific standards, which are derived from the legal, policy and administrative framework and the professional standards relevant to the events in question.
Having established the overall standard, I then assess the facts in accordance with the standard. Specifically, I assess whether or not an act or omission on the part of the body or individual complained about constitutes a departure from the applicable standard.
If so, I then assess whether, in all the circumstances, that act or omission falls so far short of the applicable standard as to constitute service failure or maladministration.
The overall standard I have applied to this investigation is set out below.
The general standard – the Ombudsman’s Principles
In February 2009 I republished my Principles of Good Administration, Principles of Good Complaint Handling and Principles for Remedy.3 These are broad statements of what I consider public bodies should do to deliver good administration and customer service, and how to respond when things go wrong. The same six key Principles apply to each of the three documents. These six Principles are:
- Getting it right
- Being customer focused
- Being open and accountable
- Acting fairly and proportionately
- Putting things right, and
- Seeking continuous improvement.
One of the Principles of Good Complaint Handling is particularly relevant to this complaint:
‘Putting things right’ – which includes acknowledging mistakes and apologising where appropriate.
3 The Ombudsman’s Principles is available at www.ombudsman.org.uk.
