Wednesday, May 17, 2006

Natural Justice and Fairness

An extract from a paper on Natural Justice and Procedural Fairness is shown below.

Foremost rules of procedural fairness required by these primary rules in the resolution of disputes, grievances and complaints

One of those rules being

Give each party the opportunity to correct or contradict any statement prejudicial to their case.

The Ombudsman refused to investigate a complaint I submitted in 2002 following a statement given to an Assistant Ombudsman by a County Council solicitor on the telephone. I have never been given the opportunity to correct or contradict that statement, yet if was obviously prejudicial to my case because the Assistant Ombudsman used that as the sole reason for terminating my complaint.

Following the introduction of the Freedom of Information Act I tried again to obtain the information I was entitled to under the laws of natural justice. The Ombudsman again refused to let me see, let alone comment upon, the County Council’s statement that so prejudiced my case.

However, the Ombudsman still advertises the fact that they are Fair and Impartial. Just a pity they only advertise the fact and don’t put it into practice.

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