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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Government rules out wide-scale Ombudsman reform, saying it has other legislative priorities

A parliamentary committee's proposal to create a 'People's Ombudsman' by uniting the Local Government and Social Care Ombudsman with the Parliamentary and Health Service Ombudsman has been rebuffed once more by the Government.

The call for fundamental Ombudsman reform was first made in 2014 by the Public Administration Select Committee (PASC).

In May (20 May 2022), PASC's successor, the Public Administration and Constitutional Affairs Committee, renewed the call in a scrutiny report.

The scrutiny report, Parliamentary and Health Service Ombudsman Scrutiny 2020–21, said the reform should include:

  • own initiative powers for the PHSO;
  • the need to unite the PHSO and the Local Government and Social Care Ombudsman;
  • complaints standard authority powers; and
  • the MP filter (as part of any change to remove the MP filter, the role of Members in assisting complainants must be secured).

The committee called the lack of action from the Government since the publication of the Draft Public Service Ombudsman Bill six years ago "as unacceptable as it is untenable in the long term".

In a letter published this week (26 July 2022) Cabinet Office Minister Lord True said he agreed that Ombudsman reform was "an important matter".

However, he added: "The Government has a number of key priority areas for its legislative programme and..... wide-scale Ombudsman reform is not included at the current time."

The Government continues to consider options for Ombudsman reform, Lord True said.

Adam Carey