Ombudsman powers & procedures

Alternatives to litigation are essential in public law matters. In any area of law the costs of litigation deter individuals from asserting their rights. In relation to many of the services and functions of local government and other public bodies that problem is even more pronounced since the issue at stake, while important to the individual, may be of relatively low monetary value and so the legal costs would be disproportionate. In addition, legal principles need to be supplemented by more flexible principles of good administration. The ombudsmen, and other alternative grievance processes, are designed to fill that gap.

Members of the team have extensive experience in advising and representing parties at all levels in these processes, whether representing authorities in court in challenges to ombudsmen reports, advising individuals as to how best to pursue their grievance, or advising monitoring officers as to appropriate responses to reports. In Wales, this also extends to dealing with all issues arising under the standards regime.

The team are also able to assist in all ways in relation to other alternatives to litigation such as audit challenges, and members of the team have also been appointed by authorities to conduct cost-effective independent investigations into complaints against the authority or the operation of one of its functions.

To view a list of our members who specialise in this area, please click on the drop down menu to the left.