Press Release

Opening up the debate – what mechanisms should be available for citizens to receive redress against public bodies?

3 July 2008


In a Consultation Paper published today Administrative Redress: Public Bodies and the Citizen, the Law Commission asks how we can create a clear, simple and just system of redress for individuals who have suffered loss as a result of seriously substandard administrative action.

Kenneth Parker QC, the Commissioner in charge of the project, said “This Consultation Paper deals with issues of considerable importance to public bodies and the public at large. We are considering whether the current system for administrative redress in both public and private law should be reformed. Our key concern is to make sure that we balance fairness to an aggrieved person with the need to promote effective public administration, bearing in mind the special role that is played by public bodies in our society. We believe that the legal rules on liability should not impede the activities of public bodies or impose unacceptable burdens on public funds. We are very keen to hear a range of views in order to get this balance right”.

As well as considering court-based remedies, available both in judicial review and private law, the paper also explores the resolution of cases through non-court mechanisms. In particular, the Commission believes that public sector ombudsmen can play a crucial role in improving administrative action for the benefit of both public bodies and claimants. It provisionally suggests widening access to ombudsmen, encouraging citizens to submit claims to ombudsmen before attempting to seek a legal remedy through a court.

The consultation closes on 7 November 2008.

For details on how to respond visit: http://www.lawcom.gov.uk/remedies.htm or email administrativeredress@lawcommission.gsi.gov.uk.