Humanising Bureaucracy - PowerPoint Presentation

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

OmbudsmanSlide5
Slide6
Slide7

‘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