Government “not convinced” that reform of PHSO is a priority, despite recommendation by select committee
The Government is "not convinced" that fundamental reform of the Parliamentary and Health Service Ombudsman (PHSO) is a priority at the current time.
Nor is legislation the answer to many of the issues identified by the Public Administration and Constitutional Affairs Committee’s annual scrutiny report, which called for legislative reform of the watchdog.
The Government's comments came in its formal response to that report.
According to the Public Administration and Constitutional Affairs Committee (PACAC), the Ombudsman itself welcomed the committee’s recommendation for legislative reform and said it was “regrettable” that the Government had chosen not to act on the recommendations.
Further, the Ombudsman was “supportive” of PACAC’s recommendation that all political parties include a commitment in their upcoming manifestos ahead of the next General Election to reform the legislation relating to the PHSO.
In its scrutiny report, published in March this year, PACAC wrote: “We renew our call for legislative reform of the PHSO, the principle of which enjoys widespread support among stakeholders and the ombudsmen that would be directly affected.
“The PHSO have outlined to us some concrete examples of the operational issues that are being caused, and exacerbated over time, by the lack of reform. Reforms are long overdue, and we do not agree with the Government that this is not an urgent issue; rather it has been neglected too long and further delay is no longer tenable.”
Responding to the recommendation, the Government wrote: “The Government is aware that different nations take a different approach, but consider that our system is effective in the context in which it operates, ensuring that effective internal complaints processes address issues without the need to involve the Ombudsman and that complainants have recourse to the independent Ombudsman where necessary, while balancing the need for the Government to make decisions relating to policy.”
It added: “While the effective operation of the ombudsman system is an important matter, the Government is not convinced that fundamental reform is a priority at the current time”.
The select committee’s report also discussed the quality of PHSO’s casework.
While PACAC heard praise for the PHSO’s handling of cases, it also received evidence of inadequate case working, including poor experiences for disabled and elderly people.
According to PACAC, in its response to the committee’s concerns on this issue, the Ombudsman said that it is “committed to providing a high quality, empathetic and timely service to everyone, including people with disabilities”.
The Committee’s report also welcomed the increase in the number of cases resolved by mediation and the Ombudsman’s ambition to widen the range of cases resolved by mediation in 2023/24.
MPs said the PHSO should outline how it is working with stakeholders, “to place a stronger emphasis on mediation in the Complaint Standards for the NHS and for Government.”
In its response published today, the Government stated that “NHS England will work with the Department for Health and Social Care (DHSC) and NHS Resolution to encourage the medical profession to engage in mediation to facilitate the resolution of a complaint.”
A Parliamentary and Health Service Ombudsman spokesperson said: “We welcome PACAC’s scrutiny report which recognises many of our successes from 2022-23, including reducing the backlog of complaints caused by COVID-19, our commitment to staff training, and commendation of our work to spread best practice in resolving cases by mediation. As an organisation that is committed to learning and improvement, we will act on areas highlighted for improvement to make sure we are delivering an exemplary and modern Ombudsman service.”
Lottie Winson
