Accountability Scotland - Comments by Mr. Justice Lightman

AI Overview

Mr. Justice Lightman, a High Court judge, has commented on the role and responsibilities of an Ombudsman, particularly in relation to pensions and the courts. He has highlighted the Ombudsman's fact-finding role, the need to consider disputed facts, and the potential overlap with judicial review in assessing "judgment calls".

Here's a more detailed breakdown on Lightman

Fact-finding and Judicial Review:

Lightman J has emphasized the Ombudsman's role in resolving disputed facts when investigating complaints, noting that the Ombudsman is not limited to determining questions of law. He has also drawn parallels between the Ombudsman's approach to assessing "judgment calls" and the courts' approach in judicial review cases.

Duty to Allow Comment:

In one instance, Lightman J commented on the Ombudsman's duty to allow those concerned an opportunity to comment, particularly when considering statutory procedures.

Pensions and the Courts:

Lightman J has also explored the relationship between the Pensions Ombudsman and the courts, acknowledging the potential for co-existence and issues arising from the Ombudsman's judicial role.

Encouraging Mediation:

Lightman J has been involved in cases where the issue of encouraging mediation was discussed, highlighting the importance of balancing the encouragement of ADR with the right of access to courts. He has stated that while courts can encourage mediation, they should not compel parties to participate if they are strongly opposed.

"Evangelical Agenda":

Lightman J has been quoted in the context of the Local Government Ombudsman (LGO) where the term "evangelical agenda" was used to describe the LGO's approach to public sector complaints. This was in the context of a discussion about the LGO's role and potential for propaganda.

Delays in Ombudsman Decisions:

There have been instances where Lightman J has criticized the Ombudsman for delays in handling cases, suggesting a need for more efficient processes

Public

SPSO and Ombudsmen

Other Matters

Members

Comments by Mr. Justice Lightman