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Employment and Learning Committee Parliament Buildings Ballymiscaw, Stormont Belfast BT4 3XX 18 Th May 2015

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Employment and Learning Committee Parliament Buildings Ballymiscaw, Stormont Belfast BT4 3XX 18 Th May 2015 Committee for Employment and Learning Room 416 Parliament Buildings Northern Ireland Tel: +44 (0)28 9052 1448 Assembly Fax: +44 (0)28 9052 1433 To: Paul Gill, Clerk to the Ad Hoc Committee for the Northern Ireland Public Service Ombudsperson Bill Fax: +44 (0)28 9052 1083 From: Cathie White, Clerk to the Committee for Employment and Learning Date: 20 May 2015 Subject: Northern Ireland Public Service Ombudsperson Bill Paul, At its meeting today the Committee for Employment and Learning considered responses from Colleges NI, The Open University, Queen’s University Belfast and Queen’s University Belfast Students’ Union regarding the Northern Ireland Public Service Ombudsperson Bill and agreed to forward them to you for your information. I should be grateful if you would bring this correspondence to the attention of your Committee. Regards, Committee Clerk Enc. Colleges Northern Ireland Hawthorn Office Park First Floor, 39 Stockmans Way Belfast, BT9 7ET Mr Robin Swann MLA Chairperson of the Employment and Learning Committee Parliament Buildings Ballymiscaw, Stormont Belfast BT4 3XX 18 th May 2015 Re: Public Services Ombudsman Bill Dear Mr Swann Thank you for your letter requesting views from the Further Education (FE) sector on the individual clauses in the NI Public Services Ombudsperson Bill. We have consulted briefly with representatives across the six regional FE Colleges and have received some comments. Given the quick turnaround required for our response, I have attached the lists of clauses and comments from the sector in the attached Appendix. I hope this is helpful. If you need any further information please do not hesitate to contact me. Yours sincerely, Gerard Campbell CEO, Colleges Northern Ireland The Association of Northern Ireland Colleges trading as Colleges Northern Ireland. Company Registration NI. 033199. Registered Charity No. XR35461. OMBUDSMAN BILL COMMENTS FROM FE SECTOR SECTION of BILL Comment Criteria for own initiative investigations 9.—(1) The Ombudsperson must establish (and may from time to time amend) criteria to be used in determining whether to commence an investigation under Should the Ombudsman be section 8. required to consult on the criteria (2) The Ombudsperson must publish these criteria. prior to publishing? Matters which may be investigated: general 14.—(1) The Ombudsperson may investigate alleged maladministration through action taken by a listed authority. (2) This section does not apply to— (a) health and social care bodies, (b) general health care providers, (c) independent providers, (d) the universities referred to in section 18. Matters which may be investigated: universities 18.—(1) This section applies where the listed authority is— (a) The Queen’s University of Belfast, Role of FE Colleges in respect of (b) the University of Ulster. Clause 18? (2) The Ombudsperson may investigate alleged maladministration through action taken by the university in respect of students. (3) Where the investigation is under section 5 or 6, the complaint must have been made by a student, or a person who has been a student. (4) But the Ombudsperson has no jurisdiction to investigate a matter to the extent that it relates to a matter of academic judgement. (5) If the Ombudsperson has jurisdiction in respect of a complaint, the visitor of a university has no jurisdiction in respect of that complaint. (6) Where, before this section has come into operation, a complaint has been made to the visitor but has not been resolved by the visitor, the visitor has jurisdiction to deal with that complaint as if the other provisions of this section had not come into operation SECTION of BILL Comment Exclusion: public sector employment Welcome this exclusion but would 20. The Ombudsperson must not investigate action taken in respect of it be useful to add “grievances appointments or removals, pay, discipline, superannuation or other personnel arising from their employment matters in relation to— rather than just other personnel (a) service in any office or employment under a listed authority, matters or alternatively define (b) service in any office or employment under the Crown, “personnel matters” (c) service— (i) in any office or employment; or (ii) under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in a listed authority. Exclusion: other Ex clusion: other remedies available 21.—(1) The Ombudsperson must not investigate— (a) any action in respect of which the person aggrieved has or had a right of appeal, complaint, reference or review to or before a tribunal constituted under any statutory provision or by virtue of Her Majesty’s prerogative, (b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in a court of law. (2) But this is subject to— (a) section 78 of the Northern Ireland Act 1998 (investigations involving discrimination or making oaths or declarations), and (b) subsection (3). This appears to be a very wide (3) The Ombudsperson may investigate— discretion with no real boundaries. (a ) notwithstanding that the person aggrieved has or had such a right or Surely any decision to investigate remedy as is mentioned in subsection (1), if the Ombudsperson is satisfied where there is an option to appeal that in the particular circumstances it is not reasonable to expect the person to a tribunal or court of law, should aggrieved to resort to or have resorted to it, or only be in very exceptional and (b) notwithstanding that the person aggrieved had exercised such a right as is clearly defined circumstances. mentioned in subsection (1)(a), if the person aggrieved complains that the injustice sustained remains unremedied thereby and the Ombudsperson is satisfied that there are reasonable grounds for that complaint. Complaint procedure to be invoked and exhausted This appears to be a very wide 24.—(1) The Ombudsperson may investigate a complaint under section 5 only if discretion with no real boundaries. satisfied that the person aggrieved has invoked and exhausted the listed authority’s Surely any decision to investigate complaints procedure. where the internal procedure has (2) But the Ombudsperson may investigate a complaint despite the requirements not been exhausted should only be of this section not being met, if it is reasonable to do so in the circumstances. in very exceptional and clearly defined circumstances. SECTION of BILL Comment Duty to inform person aggrieved about the Ombudsperson Does this place the authority in the 25.—(1) This section applies where a listed authority’s complaints procedure is position of determining if the exhausted. complaint falls within the (2) The authority must, within 2 weeks of the day on which the complaints jurisdiction of the Ombudsman? procedure is exhausted give the person aggrieved a written notice stating— (a) that the complaints procedure is exhausted, and (b) that the person aggrieved may, if dissatisfied, refer the complaint to the Ombudsperson. (3) A notice under subsection (2) must— (a) inform the person aggrieved of the time limit for referring the complaint to the Ombudsperson, and (b) provide details of how to contact the Ombudsperson. Form and time limit for making complaint 26.—(1) The Ombudsperson may specify— (a) the form in which complaints must be made, and (b) any particulars which complaints must contain. (2) Where the complaints procedure has been exhausted, the complaint must be 6 months is a significant period of made to the Ombudsperson within 6 months of the day that the notice under time – suggest this should be section 25 is sent. aligned with industrial tribunal (3) Where the complaints procedure has not been exhausted but section 24(2) timeframes of 3 months. applies, the complaint must be made to the Ombudsperson within 12 months of the day on which the person aggrieved first has notice of the matters alleged in the complaint. This appears to be a very wide (4) But the Ombudsperson may investigate a complaint, despite the discretion with no real boundaries. requirements of subsections (1) to (3) not being met, if there are special Surely any decision to investigate circumstances which make it proper to do so. outside the stipulated timeframe should only be in very exceptional and clearly defined circumstances. Procedure for own initiative investigations 29.—(1) Before commencing an investigation under section 8, the Ombudsperson must— (a) prepare an investigation proposal, and Would it be useful for the authority (b) submit that proposal to any listed authority which it is proposed be to be given an opportunity to investigated. comment on 2a and b before the (2) The investigation proposal must set out— investigation commences. (a) the reasons for the proposed investigation, and (b) how the criteria referred to in section 9 have been met. SECTION of BILL Comment Investigation procedure Surely if a complaint is withdrawn 30.—(1) It is for the Ombudsperson— that should end the investigation (a) to decide whether to begin, continue or discontinue an investigation, process? (b) to determine if the requirements of sections 5, 6 or 8 have been met. (2 ) The Ombudsperson may begin or continue an investigation into a complaint even if the complaint has been withdrawn. Investigation procedure Suggest there should be a 30.—(1) It is for the Ombudsperson— consistent approach to the issue of representation in the investigation 7b) determine whether any person may be represented in the investigation by for all parties. counsel, solicitor or otherwise. The Open University response to the Public Services Ombudsperson Bill 1. The Open University welcomes the opportunity to respond to the Committee for Employment and Learning regarding our views on the Public Services Ombudsperson Bill. 2. The Open University particularly welcomes the Committee for the Office of First Minister and deputy First Minister’s decision not to include The Open University within the remit of the Northern Ireland Public Services Ombudsperson (NIPSO) in the Bill.
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