The Northern Ireland Public Services Ombudsman’s Report into Personal Independence Payment and Collective Administrative Justice (Pt 2)

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Abstract

Part 1 examined the Northern Ireland Public Services Ombudsman’s own-initiative investigation into the delivery of Personal Independence Payments by the Northern Ireland Department for Communities. It argued that the Ombudsman’s investigation illustrated an important and welcome shift toward collective justice which complements the individual redress provided by tribunals and individual complaints. This part examines the impact and consequences of the Ombudsman’s report. It critically analyses the Department’s responses to the Ombudsman’s 33 recommendations, many of which, though not all, were accepted. This evaluation is undertaken through the framework of five cross-cutting themes which demonstrate the complexity of PIP delivery in Northern Ireland. There is then an assessment of the impact and effectiveness of the Ombudsman’s investigation both in Northern Ireland and Britain. Overall, the discussion demonstrates both the potential and limitations of the Ombudsman’s own-initiative investigation as a means of collective justice. The Ombudsman identified the underlying structural causes of injustice. Yet, the scale and ambition of the undertaking have been matched by the complexities and challenges in securing real improvements. Getting government to improve is neither simple nor straightforward and is inhibited by a range of forces. Nonetheless, both the Ombudsman’s investigation and the wider endeavour of collective justice are immensely valuable. The Ombudsman undertook a wide-ranging and intensive scrutiny that would not otherwise have happened. It secured significant improvements to the PIP process, but much remains to be done. Own-initiative powers should be extended to other UK ombudsmen.
Original languageEnglish
Pages (from-to)277-304
Number of pages27
JournalJournal of Social Security Law
Volume31
Issue number3
Publication statusAccepted/In press - 24 Feb 2024

Keywords

  • Disability Benefits
  • Ombudsman
  • Northern Ireland
  • Own-initiative investigation
  • systemic maladministration

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