Administrative Redress : Law Commission Report #322

In this report the Law Commission sets out condusions from its review of administrative redress in public and private law following consultation (Administrative Redress: Public Bodies and the Citizen (Consultation Paper 187). "Administrative Redress: Public Bodies and the Citizen (HC 6)" aims to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way.

The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen.

In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law.

The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation.

The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen and increasing the powers of ombudsmen to refer points of law to the courts.

The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.