Marie Anderson Deputy Northern Ireland Ombudsman Joint NIHRC and NI Ombudsman Project Purpose to ensure compliance with Human Rights obligations To introduce a Human Rights based approach ID: 548666
Download Presentation The PPT/PDF document "Humanising Bureaucracy" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Humanising Bureaucracy
Marie Anderson ,
Deputy Northern Ireland OmbudsmanSlide2
Joint NIHRC and NI Ombudsman Project
Purpose to ensure compliance with Human Rights
obligations
To introduce a Human Rights based
approach
to Ombudsman Investigations
Two separate organisations but joint interface
Ombudsman is not a court but holds the government to account for administrative actions
Principles of Good Administration
Getting it right means acting lawfully and with regard to the rights of others
(including
Human Rights) Slide3
Project Timeline
October 2012 - NIO
and NIHRC Service Level Agreement
April
2013 -
Ombudsman Position Statement
May 2014
- Presentation
OA Association
September 2014
- Launch
of Human Rights Manual
at
World IOI Conference
(Estonia)
February 2015 – Presentation and Workshop - IOI Secretariat and Austrian Ombudsman Board , Vienna
March 2015 – ICC Human Rights Convention
Workshop,
UN Offices , Geneva Slide4
“But
whether or not ‘human rights’ is in the title, all public
service ombudsmen
must be at the forefront in defending and promoting
the human
rights of ordinary people in their dealings with government
.”
Emily
O’Reilly
European
OmbudsmanSlide5Slide6Slide7
‘Senior level commitment to human rights was a critical success factor in all these case studies…visible support from Board members has been fundamentally important.’
“We know they were relevant…we just weren’t sure how.”
Nuala O’Loan, EHRC Report Slide8
A human rights based approach
What do we
do?
Investigate
complaints
of Maladministration
No
definition
of maladministration
Principles of Good Administration - Getting it Right means acting in accordance with the law and having regard to the rights of othersSlide9
Ombudsman’s Human Rights Position Statement
In investigating complaints of maladministration we
will:
Comply
with our human rights obligations and promote and protect human rights in carrying out our functions,
Assess
the actions of a public body in delivering public services to ensure they are acting lawfully, having regard to the individual’s human rights and using human rights values and principles
Use the tests of Fairness, Respect, Equality, Dignity and Autonomy (FREDA) as a framework to decide if there has been maladministration
We will use not only the ECHR but other International treaties and jurisprudence to assist in our assessment and investigation of complaints
We will
not:
Declare that there has been a breach of human rights law
Compel compliance with human rights instruments
Slide10
The Human Rights Manual
A bespoke document for NI Ombudsman staff in assessing/investigating complaints of maladministration
The manual is a living document to be reviewed and updated electronically as the law changes
Supported by training from NIHRC and NIO
Casework based approach to training Slide11
Section 1 Human Rights – the Law
Section 2 Equality and
Non–
discrimination
Section 3 Validating, Investigating and Reporting
Section 4 Practical Tools, screening tool, human rights assessment, case assessment handover document Slide12
Investigations
Ombudsman can ask for a wider range of questions put to the public body
i.e
how
have you had regard to the individuals human
rights?
Ask for human rights policies and policy
documents.
What are the relevant professional
standards? What human rights training has the body undertaken?Slide13
Treat
people as individuals and uphold their
dignity.
To achieve this, you must:
1.1 treat people with kindness, respect and compassion
1.2 make sure you deliver the fundamentals of care effectively
1.3 avoid making assumptions and recognise diversity and individual choice
1.4 make sure that any treatment, assistance or care for which you are responsible is delivered without undue delay, and
1.5 respect and uphold people’s human rights.
Nurses
and Midwifery Code of Conduct (31
March
2015)Slide14
Making a difference?
More testing of body’s responses
i.e
please
provide evidence of how you assessed mental capacity in this
case.
How did you protect the dignity of the deceased patient when transporting the
body?
Using case law to inform possible approaches in difficult cases – adolescent mental health and
Gillick competence, the failure to change incontinence pads - is that inhuman and degrading
treatment?
Holding medical data on a file against patients consent – did
the
body undertake a privacy impact assessment and application of article 8 ECHR
(right
to privacy
)?Slide15
Reporting - the Human Rights Based Approach
A
Human Rights Based Approach is predicated on the conviction that human rights complaint outcomes require a process that adheres to both the values which underpin human rights laws as well as their substantive
content.
Human Rights Manual 2014Slide16
Reporting the Human Rights based Approach
What can we
change?
the language
i.e
the failure to change the incontinence pad within thirty six hours was inhuman and degrading
the recommendations
i.e
empowerment is demonstrated by involving bereaved parents in designing a grieving room in the hospital (PHSO)Slide17
The Case Studies
Roma
Community –
discrimination
in
healthcare
ICRC and
person aggrieved
Dementia
patient
with assumed mental capacity Prison showering facilities and privacy of cancer patient
Investigations by Council about
anti-social
behaviour complaints
IV
fluids
error for patient on Liverpool care pathwaySlide18
Next Steps
Launch of International Conference – Loughborough 2015
Showcase Northern Ireland at International Conference – March 2016
Training workshops in devolved jurisdictions and participation in Human Rights and Ombudsman review
Develop
case
digest
NI based summer school for Ombudsman and Human Rights Institutions
Participation in IOI World Conference in Thailand Autumn 2016
Follow up and lessons
learned. Slide19
Contact Details
www.ni-ombudsman.org.uk
028 90 897773
www.oa.org.uk
www.nihrc.org.uk