The Ombudsman’s findings and recommendations
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Maladministration and service failure
The Ombudsman has considerable discretion and flexibility to determine what constitutes maladministration and service failure.
When considering whether an organisation has acted properly or fairly in making its decisions or providing services, the Ombudsman will decide what was reasonable in all the circumstances, taking into account the applicable general principle or specific standard.
The Ombudsman assesses whether or not an act or omission by the public body constitutes a departure from the applicable overall standard and, if so, whether in all the circumstances that act or omission falls so far short of the standard as to constitute maladministration or service failure. This means that technical errors or omissions may not constitute maladministration or service failure.
Injustice and hardship
The Ombudsman upholds a complaint only when she finds that injustice or hardship has arisen in consequence of maladministration and/or service failure. A finding of maladministration or service failure will not automatically result in a finding of injustice or hardship or a recommendation for remedy.
Recommendations for remedy
If the Ombudsman finds that a complainant has suffered injustice or hardship in consequence of maladministration and/or service failure – and that injustice or hardship has not already been remedied – the Ombudsman will uphold the complaint and will recommend an appropriate remedy.
Individual remedies may include an apology, an explanation of what went wrong and financial compensation for loss, inconvenience or distress. The Ombudsman may also recommend changes in practice to prevent the same thing happening again. It is of key importance that the relevant bodies think carefully about how to ensure that failings are not repeated.
