⇒ Administrative law is neither really criminal nor civil.

⇒ But Dicey believes there should not be a separate body for administrative law as this would offend the rule of law.

⇒ Administrative law provides authority for public servants to deliver government policy.

⇒ Administrative law authorises the raising and expenditure of public funds.

⇒ Administrative law sets limits to the power of public officials.

⇒ Administrative law creates the institutional mechanism for calling public officials to account.

⇒ Administrative law allows for the redress of grievance and resolution of public complaints.

⇒ The following make up the administrative justice institutional framework: courts; tribunals; inquiries; ombudsman; and complaints procedures.

⇒ Like the Criminal Justice System these employ thousands of people and it is expensive to run.

⇒ The principle of judicial review provides the legal background to the administrative justice system → judicial review is a procedure by which a court can review an administrative action by a public body.

• Judicial review leads to approximately 10,000 applications per year being bought before the court.
• Quantitatively tribunals, ombudsmen, and complaints procedures are far more significant than the courts.

⇒ Originally, there was much dispute about tribunals as it was argued that only the courts could resolve disputes.

⇒ Tribunals were developed in response to the court being overwhelmed by the number of cases, especially after the court had to deal with disputes arising from the Workmen’s Compensation Acts.

⇒ Hewart LCJ (1922-40) criticised tribunals harshly: this led to the creation of the Committee on Ministers' Powers who said tribunals were necessary and desirable in our legal system.

⇒ Another report led by Sir Oliver Franks in 1957 concluded that tribunals are necessary for openness, fairness, and impartiality.

⇒ Inquiries involve the gathering of information, in the light of which a minister would decide the issue.

⇒ There is some blurring of the lines between tribunals and inquiries.

⇒ Review is another form of redress of grievance.

⇒ It involves the original decision maker reviewing the decision they made initially.

⇒ Reviews have 2 basic forms:

• Formal reviews: reviews required by law e.g. decisions relating to the Social Fund.
• Informal reviews: reviews not required by law but used as part of the administrative procedure e.g. an appeal by a social security claimant triggers an internal review.

⇒ Reviews are criticised as undermining the duo process of administrative justice.

⇒ However, they allow for mistakes to be corrected cheaply and quickly.

⇒ Introduced in 1967, the first ombudsman was the Parliamentary Commissioner for Administration (PCA) (otherwise known as the Parliamentary Commissioner).

⇒ Original function was to investigate complaints and allegations of misadministration by the UK Government departments and agencies.

⇒ Features:

• The public cannot complain directly to the PCA (they must be referred by a Member of Parliament as there was a fear accountability would be undermined. Although, note, a 2011 report recommended abolishing this ‘MP filter’).

⇒ Ombudsman offers wide range of remedies e.g. apologies, explanations, remedial action, and compensation.

⇒ The Health Service Ombudsman deals with complaints against the NHS, etc. The public can complain directly to this ombudsman, unlike the PCA.

⇒ There are 3 local government ombudsmen covering all local authorities in England.

⇒ They investigate complaints against principal councils and other bodies.

⇒ Since 1989 they have been able to give advice on good administrative practice.

⇒ Following a review, it was decided local government and central government ombudsman can jointly investigate a complaint made against both the local and central government.

⇒ All ombudsmen operate on an investigative basis.

⇒ They investigate a complaint and decide if there has been maladministration.

⇒ More often than not the department/agency in question acted reasonably i.e. more often than not it will be found there was no maladministration.

⇒ The European Ombudsman's creation was approved by Maastricht's Treaty and took office in 1995.

⇒ Unlike domestic ombudsmen, the European Ombudsman can instigate his 'own-initiative' inquiries i.e. the European Ombudsman can investigate something on his own accord.

⇒ The Adjudicator: investigates complaints about Her Majesty's Revenue and Customs, the Insolvency Service, and the Valuation Office Agency.

⇒ The Independent Complaints Reviewer: deals with complaints against the land registry, the Audit Commission, and the National Archives, etc.

⇒ The Independent Case Examiner: deals with complaints against Child Support Agency and Pension, Disability and Carers Service, etc.

⇒ The Independent Adjudicator for Higher Education: independent student complaints scheme to which institutions must adhere.

⇒ Other methods through which officials and other public servants are called to account:

• MP Questions: used to hold ministers to account/
• Debates: end of day adjournment debates on various topics (30 minutes long), which have been introduced by a backbencher.
• Select Committees: these keep government departments under review e.g. public accounts committee and the public administration committee.

⇒ Check out the topic notes on Constitutional Law for a more detailed look at Judicial Review.

⇒ Some other helpful legal resources:

• The Law Society: The role of the Legal Ombudsman
• Administrative Justice in the UK