European advisory body rules health and care bill ‘could undermine public trust’ in Ombudsman

A European law advisory body has ruled that the government’s health and care bill “could undermine public trust in in the Parliamentary and Health Service Ombudsman (PHSO), and must be revised.”

The PHSO act investigate and make final decisions regarding unresolved complaints by the NHS in England, UK government departments and other public organisations.

The Ombudsman complained that under current proposals, the PHSO would be unable to make informed decisions on cases,  as the new bill would prohibit the PHSO from accessing protected information under a new ‘safe space’.

The Venice Commission, a constitutional law advisory body established by the Council of Europe, was asked by the Ombudsman to look at the proposals in the health and care bill.

The Commission ruled the current proposals violated the Venice Principles

The Parliamentary and Health Service Ombudsman, Rob Behrens, said:

“It is important that the Ombudsman retains the right to access relevant evidence and information to ensure that investigations are independent and able to deliver a just outcome. The Government should now reflect carefully on this Opinion, which calls for PHSO to have unrestricted access to the safe space, and revise its legislative proposals.”