BackThe UK Government has introduced new legislation, which excludes the Parliamentary and Health Service Ombudsman (PHSO) from access to “safe space” information collected by the Health Service Safety Investigations Body (HSSIB) from National Health Service (NHS) clinicians in England during its patient safety investigations. The Ombudsman will only be allowed to scrutinize these investigations if it receives the permission of the High Court in London. This aspect of the Health and Care Bill, which is currently passing through Parliament, could have a significant impact on patients and families who complain to the PHSO and on citizens who use the NHS.
On 18 October 2021, the European Commission for Democracy through Law of the Council of Europe – better known as the Venice Commission – issues an opinion on the possible exclusion of the PHSO as provided for by the Health and Care Bill. The Venice Commission’s opinion rules that proposals to exclude the PHSO from a key part of UK public administration in the health service is a reduction in powers and a violation of both the Venice Principles and the United Nations General Assembly Resolution of December 2020, which was co-sponsored by the UK Government. The Venice Commission has found that proposals in the Health and Care Bill could undermine public trust in the Parliamentary and Health Service Ombudsman (PHSO), and must be revised.
The International Ombudsman Institute strongly endorses the opinion of the Venice Commission. In an official statement of support, IOI President Chris Field, IOI Secretary General Werner Amon and European President Andreas Pottakis underline the importance of strong, independent Ombudsman offices as key elements of democracy and invite the relevant authorities to avoid any restrictions to the investigatory powers of the PHSO, as provided for in the Venice Principles.
European President of the IOI and Greek National Ombudsman, Dr. Andreas Pottakis, commented: “While we agree with the Venice Commission rapporteur Sorensen that the UK national Ombudsman may be just a ‘casual victim’ of UK Government policy, the Venice Principles were created precisely to address this unwarranted attack on Ombudsman powers. The IOI joins the Venice Commission and the PHSO in urging the UK Government to reflect carefully on the published Opinion and to take urgent steps to amend the Bill to ensure that the PHSO maintains unrestricted access to ‘safe space’ investigations in line with established good international practice.”
“I am grateful to colleagues in the International Ombudsman community for providing unambiguous support for PHSO on an issue that has implications for very many national Ombudsman schemes,” said Ombudsman Rob Behrens.
You can find the IOI’s statement of support, the press release from IOI European President Andreas Pottakis, as well as the Opinion of the Venice Commission further down below.
