Scottish Public Services Ombudsman Act 2002

Last updated

Scottish Public Services Ombudsman Act 2002
Royal Coat of Arms of the United Kingdom (Scotland).svg
Long title An Act of the Scottish Parliament to make provision (including provision for the purposes of section 91 of the Scotland Act 1998) for the appointment and functions of the Scottish Public Services Ombudsman; and for connected purposes.
Citation 2002 asp 11
Introduced by Angus MacKay
Territorial extentScotland
Dates
Royal assent 23 April 2002
Commencement 23 October 2002
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Scottish Public Services Ombudsman Act 2002 is an Act of the Scottish Parliament which establishes an organisation for handling complaints about public services in Scotland. The Act makes provision for an officer, known as the Scottish Public Services Ombudsman, to be appointed and outlines functions to be exercised.

Act of the Scottish Parliament acts passed by the devolved Scottish Parliament, 1997 onwards

An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.

The Scottish Public Services Ombudsman (SPSO) is the organisation that handles complaints about public services in Scotland. The Ombudsman service is independent of government and with a duty to act impartially.

Contents

Duties established

This legislation was intended to create a modern complaints service. [1] The Act established the ombudsman as a 'one-stop-shop', assuming statutory duties that had previously been the remit of three previous offices – the Scottish Parliamentary Ombudsman, the Health Service Ombudsman, the Local Government Ombudsman for Scotland. The Act also provides for the Ombusdman taking over non-statutory duties from the Housing Association Ombudsman for Scotland.

Consultation

In October 2000 the Scottish Executive published a consultation paper “Modernising the Complaints System” to stimulate debate on proposals to simplify complaints procedures and streamline the existing ombudsman system. [2] [3] In July 2001 a second consultation paper was published- “A Modern Complaints System”, which set out more detailed proposals relating to the work of public sector ombudsmen in Scotland, taking into account responses to the initial consultation. [4]

The Scottish Government is the executive in Scotland for areas of public policy which are not reserved. The government was established in 1999 as the Scottish Executive under the Scotland Act 1998, which created a devolved administration for Scotland in line with the result of the 1997 referendum on Scottish devolution. Following increasing use of the name "government" in place of "executive" during the first decade of the 21st century, its name was formally changed in law to Scottish Government by the Scotland Act 2012.

Passage of the Act

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21 March 2002 and it received Royal Assent on 23 April 2002. [5]

Related Research Articles

Statutory instrument (UK) Type of secondary legislation in the United Kingdom

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

Freedom of Information Act 2000 United Kingdom legislation

The Freedom of Information Act 2000 (c.36) is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices geo-located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by Dr David Clark as a 1997 White Paper. The final version of the Act is believed to have been diluted from that proposed while Labour was in opposition. The full provisions of the act came into force on 1 January 2005.

Ethical Standards in Public Life etc. (Scotland) Act 2000 United Kingdom legislation

The Ethical Standards in Public Life etc. (Scotland) Act 2000 is an Act of the Scottish Parliament which established that the Scottish Ministers had to issue a code of conduct for councillors, and put in place mechanisms for dealing with councillors in contravention of the code. It was introduced by Scottish Executive minister Wendy Alexander.

Reform of the House of Lords

Certain governments in the United Kingdom have, for more than a century, attempted to find a way to reform the House of Lords, the upper house of the Parliament of the United Kingdom. This process was started by the Parliament Act 1911 introduced by the then Liberal Government which stated:

...whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation

The Local Government and Social Care Ombudsman, formerly the Local Government Ombudsman (LGO) is a service that investigates complaints from the public about councils and some other bodies providing public services in England. It also investigates complaints about registered adult social care providers. It is the last stage of the complaints process, for people who have given the council or provider opportunity to resolve the issue first. It is a free service. Similar duties are carried out by the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman.

The Mental Welfare Commission for Scotland is a non-departmental public body, responsible for safeguarding the rights and welfare of people in Scotland with a learning disability, mental illness or other mental disorder. The Commission was original established by the Mental Health (Scotland) Act 1960.

The Standards in Public Office Commission (SIPO) is an independent body established in December 2001 by the Irish Government under the Standards in Public Office Act, 2001. It replaced the Public Offices Commission which was established in November 1995 by the Ethics in Public Office Act, 1995. The Electoral Commission proposed by the outgoing Irish government would have subsumed the electoral of SIPO. The Public Standards Bill 2015 proposed to repeal the Ethics in Public Office Act, 1995, establish a new Office of the Public Sector Standards Commissioner and a broadened role in the supervision of public sector standards, including greater powers of enforcement. It was proposed that the new body would take over the ethics functions of SIPO which would then no longer exist. However the future of these initiatives is now uncertain as a result of the 2016 General Election.

Fire services in the United Kingdom British fire and rescue services

The fire services in the United Kingdom operate under separate legislative and administrative arrangements in England and Wales, Northern Ireland, and Scotland.

Legislation.gov.uk, formerly the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force as of 1991, and all primary and secondary legislation since that date; it does not include legislation which was fully repealed prior to 1991. The contents have been revised to reflect legislative changes up to 2002, with material that has been amended since 2002 noted in a table but not yet fully updated.

The One Scotland Gazetteer is the definitive national land, property and address dataset for Scotland that is published by Spatial Information Service within the Improvement Service. It is compiled using information from all 32 Scottish councils and produced to common standards and specification. It is not to be confused with the Royal Mail Postcode Address File (PAF) which is only a list of mail delivery locations.

The Broadcasting Act 2009 is an Act of the Oireachtas of Ireland. It was signed into law on 12 July 2009, although the provisions relating to the establishment of the new Broadcasting Authority of Ireland did not come into force until a Statutory Instrument was made giving them effect on 30 September 2009.

The New National Consumer Council, operating as Consumer Futures, was a non-departmental public body and statutory consumer organisation in England, Wales, Scotland, and, for postal services, Northern Ireland. It was established by the Consumers, Estate Agents and Redress Act 2007, and began operations in 2008 by the merging of Postwatch, Energywatch and the Welsh, Scottish and National Consumer Councils under the Consumer Focus brand.

Ombudsman Official representing the interests of the public

An ombudsman, ombudsperson, ombud, or public advocate is an official who is charged with representing the interests of the public by investigating and addressing complaints of mal-administration or a violation of rights. The ombudsman is usually appointed by the government or by parliament but with a significant degree of independence. In some countries, an inspector general, citizen advocate or other official may have duties similar to those of a national ombudsman and may also be appointed by a legislature. Below the national level, an ombudsman may be appointed by a state, local, or municipal government. Unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO, or professional regulatory body.

Judiciary of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

A children's ombudsman, children's commissioner, youth commissioner, child advocate, children's commission, youth ombudsman or equivalent body is a public authority in various countries charged with the protection and promotion of the rights of children and young people, either in society at large, or in specific categories such as children in contact with the care system. The agencies usually have a substantial degree of independence from the executive, and generally operate as specialised ombudsman offices or national human rights institutions, dealing with individual complaints, intervening with other public authorities, conducting research, and – where their mandate permits them to engage in advocacy – generally promoting children's rights in public policy, law and practice. The first children's commissioner was established in Norway in 1981. The creation of such institutions has been promoted by the United Nations Committee on the Rights of the Child, and, from 1990 onwards, by the Council of Europe.

The Office of the Ombudsman was established in 1962 under the Parliamentary Commissioner (Ombudsman) Act 1962. The term "Ombudsman" is Swedish and basically means "grievance person". The primary role of the Ombudsman in New Zealand is to investigate complaints against government agencies. In 1983 the responsibilities were extended to include investigation of agencies that fail to provide information requested in accordance with the Official Information Act. The Ombudsman also has responsibility to protect whistleblowers and investigate the administration of prisons and other places of detention.

The Office of the Ombudsman in Ireland was set up under the terms of the Ombudsman Act 1980, as amended by the Ombudsman (Amendment) Act 2012. The current Ombudsman is Peter Tyndall.

The Scottish Legal Complaints Commission (SLCC) is a non-departmental public body responsible dealing with unresolved complaints against legal practitioners operating in Scotland. It was established under the Legal Profession and Legal Aid (Scotland) Act 2007 and came into operation on 1 October 2008, replacing the Scottish Legal Services Ombudsman.

Commissioner for Ethical Standards in Public Life in Scotland independent officeholder

The Commissioner for Ethical Standards in Public Life in Scotland is an ombudsman in Scotland with the responsibility for investigating complaints about Members of the Scottish Parliament, councillors of the 32 Councils of Scotland, and members of Scottish public bodies. The Commissioner also monitors the appointment of members of specified public bodies in Scotland by the Scottish Ministers.

References

  1. "About us: Scottish Public Services Ombudsman Act". Scottish Public Services Ombudsman. 22 July 2014. Retrieved 3 September 2014.
  2. "Complaints system shake-up". BBC News . 3 October 2000. Retrieved 19 October 2014.
  3. "Scottish Executive to modernise public sector complaints system". Local Government Chronicle. 3 October 2000. Retrieved 19 October 2014.
  4. "Scottish Public Sector Ombudsman Bill. Report of consultation on the proposals" (PDF). Scottish Government. November 2001. Retrieved 19 October 2014.
  5. "Progress of legislation - session 1" (PDF). Scottish Parliament. p. 28. Retrieved 19 October 2014.