The British High Commissioner to Malta, HE Katherine Ward LVO OBE, paid a visit to the Office of the Ombudsman. Her visit aimed to engage in constructive discussions with the Ombudsman and gain insights into the Ombudsman’s work and efforts to enhance good public administration and foster a closer relationship with the people.

The Ombudsman, Judge Emeritus Joseph Zammit McKeon, spoke about the challenges faced by the institution and explained the approaches being taken to address and possible resolve them. The Ombudsman emphasised the importance of bringing the institution closer to the people and reaching out, especially to the most vulnerable.

The Office of the Ombudsman in Malta plays a vital role in safeguarding good governance and ensuring accountability in public administration. Drawing inspiration from the British model and the New Zealand Ombudsmen Law, the Ombudsman Act in Malta shares common foundations with other Commonwealth countries, opening avenues for greater cooperation in addressing administrative challenges.

The exchange of experiences and best practices with other nations with similar legal frameworks and parliamentary systems holds the potential for mutual benefit and growth. The Ombudsman expressed his wish to seek collaboration with other Ombudsman offices in Commonwealth countries. He also voiced his opinion that Ombudsman offices in the Commonwealth countries should organise themselves, possibly following other successful models like the Association of Mediterranean Ombudsmen and the European Network of Ombudsmen.

During her visit, the British High Commissioner also met with the specialised commissioners within the Office of the Ombudsman and all the staff members.

Expressing gratitude for their invaluable work in improving public administration, the British High Commissioner commended the Ombudsman and his team for their unwavering commitment to serving the public and upholding the principles of good governance.

On 31 May Ombudsman Juris Jansons participated in the meeting of the Ministers’ Deputies of the Council of Europe to deliver his commentary on the Council of Europe Recommendation to member States on the development and strengthening of effective, pluralist and independent national human rights institutions (CM 2021/1).

The Ombudsman explained about several mandates of the Latvian national human rights institution (NHRI), stressing that the understanding and expectations towards NHRIs are changing due to internal and external changes.

The Council of Europe Recommendation to member States on the development and strengthening of effective, pluralist and independent national human rights institutions (CM 2021/1) is another instrument that helps national human rights institutions strengthen their position in the general legal system, while States are obliged to strengthen and listen to such institutions. These CoE recommendations help the NHRIs identify their strengths and see opportunities for further improvement.

The Local Government and Social Care Ombudsman (LGSCO) has issued a guide for those who work with some of the most vulnerable groups in society.

Aimed at officers who work in local authorities’ housing and homelessness functions, the guide offers good practice advice on dealing with people who are owed the main housing duty and are occupying temporary accommodation which the council accepts is unsuitable.

Based on the LGSCO’s extensive experience in investigating homelessness complaints, the guide discusses the relevant law and guidance around temporary accommodation, the Ombudsman’s role and approach to complaints, and how the organisation remedies injustice when it finds an authority at fault.

Cases covered in the guide include those where the suitability of the temporary accommodation has not been kept under review, despite the family’s change in circumstances.

In another case, a survivor of domestic abuse was placed in temporary accommodation with disrepair issues. The council decided it was ‘fit for purpose’ but did not tell the survivor of her statutory right to have the council’s decision reviewed.

And in another case, the family of a child at risk of sexual exploitation was placed in accommodation but the council did not consider what security measures were needed at that accommodation to ensure the family were protected.

The guide also clearly sets out a number of key steps local housing authorities need to take to ensure their service is compliant with both the law and guidance.

Paul Najsarek, Local Government and Social Care Ombudsman, said:

“Together with a special report we published in March about the Homelessness Reduction Act, this guide provides key essential learning for local authorities about their role and duties towards homeless people in temporary accommodation.

“This is an important area of our work given the challenges families suffering homelessness face and the increasing use of this type of accommodation by authorities with the difficult job of finding suitable housing for rent.

“I would urge housing professionals at all levels to read these free reports and guides to ensure the services they provide to people who are either homeless, or at risk of homelessness, meet their duties under the law and guidance.”

The document, which is freely available from the Ombudsman’s website, is one of a range of good practice guides covering subjects as diverse as planning, adult care services and benefits and taxation.

For more information, visit https://www.lgo.org.uk/information-centre/reports/focus-reports

Article date: 31 May 2023

A report issued today has found that the Department for Communities has implemented a number of recommendations relating to how it uses further evidence in support of Personal Independence Payments, but that it must do more to improve the system for claimants.

‘PIP and the Value of Further Evidence – a follow-up report’ monitors the progress made since June 2021 when the Ombudsman found that repeated failings by the Department for Communities in how it handled further evidence amounted to ‘systemic maladministration’.

Further evidence is the name given to information supplied by a claimant’s carer or health professional (such as their GP).  It is used in addition to the information gathered during a claimant’s consultation with a Disability Assessor.

Ombudsman Margaret Kelly made 33 recommendations on how the system could be improved, and the follow-up report shows that out of these, 10 have been fully met, 18 partly met, and 5 not met.

In particular Ms Kelly welcomed the fact there is now:

• Clearer information to claimants about how further evidence is gathered and used;
• Better training and guidance to Case Managers so they can obtain further evidence when it is needed;
• More information to claimants about the mandatory reconsideration process where
• claimants can challenge decisions, and also about the additional review stage; and,
• A better process for investigating complaints about further evidence.

• However, she said she still has concerns that:

• Decision letters sent to claimants are still difficult to understand;
• It is still not clear to claimants if their health professionals will be, or have been, contacted during the assessment of their claim; and,
• Further focus is required to improve the data collated about the role of further evidence to help the Department to get decisions right first time.

• Welcoming the progress made so far, yet noting the recommendations still to be met, Ms Kelly said:

  “I will continue to engage with the Department for Communities, stakeholders and advocacy organisations to check on progress and to ensure further improvements take place.”

Créé en 2014, à l’initiative du Médiateur de la Wallonie et de la Fédération Wallonie-Bruxelles, Marc BERTRAND, le réseau des Médiateurs et Ombudsmans du BENELUX s’est retrouvé à La Haye (Pays Bas), à l’invitation du Nationale Ombudsman, Reinier van Zutphen.

Après une rencontre à Bruxelles en juin 2022 autour de thématiques communes comme l’impact de la transition numérique, la médiation locale, l’impact des crises successives sur les droits des citoyens et sur le travail au quotidien des médiateurs mais surtout les actions à mener pour toucher les groupes vulnérables en vue de défendre leurs droits, cette rencontre au Pays Bas rassemblait les médiateurs et ombudsmans institutionnels des trois pays autour d’un sujet particulièrement d’actualité pour les Ombudsmans, à savoir la directive européenne relative aux lanceurs d’alerte, son application au sein des Etats et le rôle des ombudsmans dans ce processus.

D’autres sujets importants ont également été évoqués comme le principe de l’équité dans le processus de la médiation, le rôle des ombudsmans dans les mécanismes nationaux de prévention de la torture et la ratification de l’OPCAT, l’accessibilité des administrations et le droit à l’erreur.

Une journée enrichissante pour l’ensemble des participants et l’évolution des compétences de leur institution.

Pour l’avenir proche, le réseau, qui reste à la disposition du Parlement du BENELUX en remontant les problématiques rencontrées sur le plan transfrontalier, a décidé d’organiser une rencontre avec les médiateurs locaux début 2024 et la prochaine rencontre annuelle qui se déroulera en mai 2024 à Luxembourg autour des questions de la digitalisation et de l’accès aux documents et la transparence administrative, entre autres.