How Rishi Sunak caused chaos at the Parliamentary Ombudsman’s office by blocking a smooth transition to Rob Behren’s successor

Nick Hardwick pic credit: Wikipedia

Today’s scoop in the Financial Times by the paper’s Whitehall Editor, Lucy Fisher, has finally revealed why it has taken nearly three months for the Parliamentary Ombudsman’s board not to be able to appoint a permanent successor to Rob Behrens, the outgoing Ombudsman, who has just retired.

It appeared Nick Hardwick, was the Parliamentary Ombudsman Board’s choice. Hardwick is a former chair of the Parole Board who resigned after judges overturned a board decision to give parole to John Worboys, a notorious convicted rapist who attacked 12 women while working as a taxi driver. The proposal to release Worboys on parole was a cause celebre for the tabloids at the time. Rishi Sunak, who has to approve the appointment, appeared to have blocked it by sitting on a decision for nearly three months.

William Wragg MP

William Wragg, the chair of the Commons Public Administration and Constitutional Affairs Committee, (PACAC)blew the whistle in Parliament on Monday night when he said, without naming Nick Hardwick, that his appointment had “seemingly been declined by Number 10.”

He also criticised the government for ” somewhat irregular behaviour ” during the appointment process. This is not surprising as William Wragg was on the panel who approved Nick Hardwick’s appointment.

This week PACAC released papers that appeared to give all the details of the recruitment process and a letter from Sir Alex Allan, Boris Johnson’s former independent adviser on ministerial interests, who resigned his job after Johnson refused to sack Priti Patel, then home secretary, after he found she had been bullying and swearing at her senior civil servants. He is now a senior non executive member of the Parliamentary Ombudsman board.

The papers do show that Rishi Sunak took a great interest in the appointment. In an earlier letter to William Wragg approving a salary of between £171,500 and £189,900 for the new Ombudsman plus a choice of a civil service or judicial pension, he wrote: “I would be grateful if the House could continue to work closely with the Government as the campaign to appoint the new PHSO progresses.”

The recruitment process does appear to have attracted a wide range of people. It shows that initially 52 people applied for the job. There were 31 male applicants, 20 female, and one who preferred not to say. Some 30 were white British, 5 Indian, 4 white non British,2 African, 2 Other mixed,1 Asian and White,1 Black African and White,1 Caribbean,1 Irish,1 Pakistani and 1 Ukrainian. Three preferred not to say.

Some 44 were heterosexual and two were gay and six preferred not to say or didn’t answer. Four people were disabled.

This was whittled down to 12 people – 7 males, 4 females and a person who preferred not to disclose a sex. Ten of the last 12 were White British and 1 white non British and one who preferred not to say. Nine of the people were heterosexual and one was gay and others preferred not to say.

The panel who interviewed them was chaired by Philippa Helme, a 63 year old independent panelist and a former principal clerk at the table office in the House of Commons. The other members are Shona Dunn (Second Permanent Secretary, Department of Health and Social Care) to cover the Ombudsman’s NHS role; Colleen Harris(independent panellist and appointed by the King to the King Charles III Charitable Foundation; Peter Tyndall (formerly President of the International Ombudsman Institute) and William Wragg MP.

Philippa Helme -pic credit: Houses of Parliament

All went smoothly and on January 8 Nick Hardwick, aged 66, who is now Professor of Criminal Justice at Royal Holloway College was chosen. Then the problems began when the appointment arrived on Rishi Sunak’s desk. There was silence. What is missing from public disclosure is a desperate letter written by Sir Alex Allan on January 29 which revealed that the whole process was in jeopardy and they might have to appoint an ” interim Ombudsman ” or else the PHSO could not function ( see my blog here ) . It was then that Rebecca Hilsenrath, a recently appointed chief executive at PHSO, came into the frame. The moment the PHSO and the committee knew I had seen the letter on the PACAC website and was going to publish, it mysteriously disappeared from public view. I was told it had been ” prematurely published.”. Now I know this wasn’t true because the letter has not resurfaced in the documents released this week.

As time went on and by March there was no endorsement from Rishi Sunak, things got more and more desperate. So Sir Alex Allan and William Wragg hatched a plan to appoint Rebecca Hilsenrath as an ” acting Ombudsman” so the office could continue to function near normally. This involved getting King Charles III to present a motion to Parliament proposing her appointment so MPs could approve it on the nod. This happened on Monday.

Rebecca Hilsenrath

Now there is glowing description of Rebecca Hilsenrath’s qualities and experience in the papers released this week.

But once again there are some remarkable omissions about her career which have been swept under the carpet. When she was chief executive of the Equality and Human rights Commission, she carried out a campaign to sack black and disabled employees who happened to be strong trade unionists – a remarkable feat for a body that should champion diversity.

Her country cottage in north Wales

Also she was exposed in Times newspaper for a gross breach of the lockdown rules at the height of the pandemic when she drove from north London to north Wales to spend Christmas with her family of five children. She tried to say her holiday cottage was her main home – staying there for months. She was unmasked by a diligent local councillor who noted that unlike Michael Fabricant MP and Andy Street, the West Midlands Tory mayor, who never set foot in their nearby country cottages, was flagrantly breaching the lockdown.

This caused her trouble at the EHRC but she was thrown a lifeline when she got a job at the Parliamentary Ombudsman’s Office then run by Rob Behrens. She has now achieved a remarkable promotion courtesy of Rishi Sunak’s apparent blocking of Nick Hardwick for the top job.

All in all this is a sorry tale but to my mind the main point is that Rishi Sunak has usurped his powers to try and control a Parliamentary body that should be totally independent of government. If Nick Hardwick is not appointed after what looks like a fair process I shall not trust the new Ombudsman to be really independent but just a creature of a failing and interfering Prime Minister who is deservedly unpopular with the electorate today.

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William Wragg acts as Parliamentary Ombudsman Office faces life without a boss

William Wragg

William Wragg, the Tory chair of the Public Administration and Constitutional Affairs Committee, has belatedly intervened in the growing crisis over the failure of the Prime Minister to appoint a new Parliamentary Ombudsman to replace Rob Behrens who quits on March 31.

In a letter published on the committee’s website Mr Wragg asks Sir Alex Allan, the senior non executive director on the Parliamentary and Heath Services Ombudsman board, what measures will be taken to keep the office going and what is going to happen to people who, via their MP, want to lodge a complaint to the Ombudsman. He also raises whether reports can be published and complaints investigated. Particularly at risk is the long awaited report on the partial maladministration for 50swomen who faced a six year delay getting their pension.

The letter discloses that recruitment for a new Ombudsman began last October and a panel chose the winning candidate at the beginning of January. Since then the Cabinet Office and Rishi Sunak, who has to approve the appointment, have not responded. The silence from Whitehall and Downing Street means no motion can be put to Parliament appointing a new Ombudsman, who then appears before the PACAC for a pre appointment hearing. PACAC has only a couple of weeks to set up the hearing.

Sir Alex Allan

The publication of the letter by the committee is in fact a response to a letter written to Mr Wragg from Sir Alex warning of dire consequences for the corporate body if no one was appointed and suggesting that Rebecca Hilsenrath, the current chief executive is appointed as an Interim Ombudsman. The letter was briefly on the committee’s website but withdrawn the moment I published a blog about it.

Part of it read:


I am aware that, due to the preferred candidate’s notice period, there will be a need to appoint an
interim Ombudsman and that the view remains that this should be Rebecca Hilsenrath, Chief
Executive Officer at PHSO. We have yet to receive confirmation of this, despite the urgency, which
is making it difficult for the organisation to properly plan for leadership change.
As a corporation sole, the organisation cannot operate without an Ombudsman in post. Any delay to
the appointment puts the organisation at considerable risk. In particular because key casework
decisions could not be taken it puts at risk all of the work to reduce the queue and improve service
to complainants. Clarity of the timeline for both the permanent and interim Ombudsman appointments is
therefore pressing,

However the antiquated legislation suggests that the PHSO board cannot appoint its own acting ombudsman. It has to be appointed from outside the board.

The legislation specifically refers to an “Acting Ombudsman” and, as such, cannot be appointed by the PHSO Board of Directors.

Section 3A of the 1967 Act deals with the appointment of an Acting Commissioner who serves at the pleasure of His Majesty.

The Acting Commissioner can only serve for a maximum of 12 months or until a new Commissioner is appointed (whichever is sooner).

The full text of William Wragg’s letter is here.

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Exclusive:Rishi Sunak delays appointment of new Parliamentary Ombudsman and throws the organisation into crisis

Sir Alex Allan, board member of the Parliamentary and Health Service Ombudsman. Pic credit: BBC

Email from Sir Alex Allan revealing problem removed from Parliamentary website after I made a press inquiry

Parliament and the Health Service will not have a new permanent Ombudsman from April because the Prime Minister has delayed approving a new replacement who anyway cannot start work at the office because he or she has to give notice to leave their present job.

Details of the crisis at the office are revealed in an email sent on January 29 from Sir Alex Allan, a senior non executive member of the board of the Ombudsman’s office, to William Wragg, Tory chair of the Commons Public Administration and Constitutional Affairs Committee (PACAC).

Sir Alex is a former high flying civil servant who chaired the Joint Intelligence Committee, and was the Prime Minister’s independent adviser on ministerial standards until 2020 when he resigned after Boris Johnson refused to accept his report on Priti Patel, the former home secretary, concluding that her behaviour was bullying.

The email pleads with William Wragg to contact Downing Street to resolve the problem as a matter of urgency.

His email warns:

“As a corporation sole, the organisation cannot operate without an Ombudsman in post. Any delay to the appointment puts the organisation at considerable risk. In particular because key casework decisions could not be taken it puts at risk all of the work to reduce the queue and improve service to complainants. Clarity of the timeline for both the permanent and interim Ombudsman
appointments is therefore pressing.”

A pre-appointment hearing - part of the normal appointment process - had been pencilled in by PACAC to quiz the new Ombudsman but that has been pit back and there is no date for a future hearing. The page announcing the future hearing on the website is now blank.

He goes on: “”I am pleased that the Panel, led by Philippa Helme, has identified a preferred candidate but I am concerned about the apparent delays since then. We have yet to receive confirmation that the preferred candidate has been agreed by the Prime Minister. “

Rebecca Hilsenrath, chief executive at the PHSO

Sir Alex says the board’s preferred solution is to appoint an interim Ombudsman and suggests Rebecca Hilsenrath, the current chief executive who moved there from the Equality and Human Rights Commission, would be the ideal candidate.

But Whitehall has not even approved this. He writes: “We have yet to receive confirmation of this, despite the urgency, which is making it difficult for the organisation to properly plan for leadership change.”

The crisis facing the Ombudsman’s Office raises a whole of questions which I tried to put to them.

This includes questions like whether Rebecca Hilsenrath, if appointed as an interim, will be able to announce case decisions affecting complaints about hospitals and the NHS, or will they have to wait until they have a permanent appointment?

From Sir Alex’s letter it is also clear if neither people are approved by Downing Street and the Cabinet Office, the office would cease to function altogether until this was sorted out.

The impasse could also affect the timing of the publication of the final report by the outgoing Ombudsman, Rob Behrens, on maladministration in 50s women’s delayed pensions. WASPI have been waiting years for its publication and have seen the draft report which has already been leaked on this website. See the blog here.

A PHSO spokesperson said:

“The process to appoint a new Ombudsman is ongoing. We are in discussions about interim arrangements should they be needed. Our important service for the public continues.”

A spokesperson for PACAC said the committee could not comment but the original pre appointment hearing had been scheduled for last month but because they had not had confirmation from the Cabinet Office that the government had approved the appointment no date was fixed. The email should not have published on their website which is why it was taken down. This suggests that Rishi Sunak has been delaying a decision to approve the appointment for weeks.

For those interested the text of the email is published below:

From the Senior Non-Executive, Sir Alex Allan KCB
Sent by Email Only: pacac@parliament.uk
29 January 2024
Dear Mr Wragg,
I am writing to convey my concerns about the slippage in the timetable to appoint a new
Parliamentary and Health Service Ombudsman (PHSO) and to ask for your support, as Chair of the
Public Administration and Constitutional Affairs Committee, in raising these concerns with No 10.
I am pleased that the Panel, led by Philippa Helme, has identified a preferred candidate but I am
concerned about the apparent delays since then. We have yet to receive confirmation that the
preferred candidate has been agreed by the Prime Minister. That meant that the planned preappointment scrutiny hearing had to be cancelled and has not been refixed.
I am aware that, due to the preferred candidate’s notice period, there will be a need to appoint an
interim Ombudsman and that the view remains that this should be Rebecca Hilsenrath, Chief
Executive Officer at PHSO. We have yet to receive confirmation of this, despite the urgency, which
is making it difficult for the organisation to properly plan for leadership change.
As a corporation sole, the organisation cannot operate without an Ombudsman in post. Any delay to
the appointment puts the organisation at considerable risk. In particular because key casework
decisions could not be taken it puts at risk all of the work to reduce the queue and improve service
to complainants. Clarity of the timeline for both the permanent and interim Ombudsman appointments is
therefore pressing,

I have written to Baroness Neville-Rolfe to convey these concerns and I would be grateful if you
would consider raising them with the Prime Minister’s office.
Yours sincerely,
Sir Alex Allan

Senior Non-Executive Director

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