§ Mr. LawrenceTo ask the Attorney-General how many investigations in the past year into alleged maladministration in the courts the ombudsman has had to suspend because a purely administrative decision has been made on the instructions of a judge rather than by the Lord Chancellor's Department; what alternative remedy is available to the public for such maladministration; and if he will make a statement.
§ The Attorney-GeneralIn the past year, the Parliamentary Commissioner for Administration had to suspend three investigations into alleged maladministration in the courts. This results from the view taken by the Lord Chancellor, on the advice of Treasury counsel, that the PCA has no jurisdiction to investigate the actions of court staff who are exercising the administrative functions of the courts as distinct from the limited range of administrative functions conferred on the Lord Chancellor by statute.
In one of the three suspended investigations, the LCD has accepted the PCA's jurisdiction to investigate part of the complaint and is assisting the PCA with that part. In a fourth case, the PCA has been able to investigate the bulk of the complaint but the LCD has denied his jurisdiction in relation to certain matters which were the subject of the court orders.
The following alternative remedies may be available to members of the public who believe they have suffered loss as a result of maladministration by staff in the courts: to draw their complaint to the attention of the court or court officials concerned; to exercise any right of appeal available in relation to the decision or order of the court concerned; to institute civil proceedings if they have a cause of action; or to apply for judicial review. Also, the Lord Chancellor is prepared to consider claims for compensation where loss is sustained through any negligence of court officials in matters for which he is responsible. Members of the public may submit such claims directly, or through their Member of Parliament, to the Lord Chancellor or his Department's headquarters, or circuit offices.
The Lord Chancellor's present view on the jurisdiction of the PCA emerged in late 1986 following Treasury counsel's advice in a particular case. The PCA has seen that advice as have Members of the Select Committee on the PCA, to whom Lord Chancellor Hailsham explained on 31 March 1987 why the Lord Chancellor was obliged to comply with the advice.
423WIn all the cases suspended since 1986, the Lord Chancellor's Department has conducted its own thorough investigation and, where justified, paid ex gratia compensation.