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.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly


Please donate to Westminster Confidential

£10.00


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.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to West minster Confidential

£10.00

Exclusive: DWP paper says paying any maladministration compensation to 3.5 million 50s women is ” a major fraud risk”

Entire DWP submission to Ombudsman on women’s right to pension compensation leaked to this blog

All 3.5 million 50s born women including the six “test case” complainants should get no compensation because there has been no maladministration and no evidence of financial loss, the DWP has told Rob Behrens, the Parliamentary Ombudsman. Even if there were maladministration the submission says his report does not show “there was injustice as a consequence of that maladministration.”

Their 118 paragraph submission rejects his entire draft report and his modest proposal of £1000 compensation for the six test cases, which the department says is, anyway, too high.

The coruscating response to the Ombudsman in a document marked ” official sensitive” is highly critical of his findings, the campaign to get compensation by WASPI, and makes the extraordinary suggestion that many of the claims by women could turn out to be fraudulent.

The attitude of the officials to the claim explains the real reason why Mel Stride, the Work and Pensions Secretary, is against mediation as he is obviously being advised that the ministry has no case to answer and why the Ombudsman, who must be embarrassed by the language in the submission, has turned to Parliament as a last resort.

The findings must be a major blow to Angela Madden, the organiser for WASPI, who only last year claimed at the Labour Party Conference that the women would get £10,000 to £20,000 compensation from the ministry.

Much of the submission is devoted to the Ombudsman’s proposal that all the women who have similar circumstances must get similar compensation and fund set up to deal with the wider question of compensation for financial loss. This means that the department would have to examine each case in detail which , according to the paper , would mean employing 5,500 extra staff, and take away people from other work like paying people’s pensions on their retirement and awarding pension credit.

The submission says: “DWP would not have information on all 1950s-born women and we would have to source their information – for example, through HMRC. We would also need bank details in order to make an automated payment and these would be obtained through outreach and/or some way for citizens to provide their details. Such a scenario would take significant setting-up and would have wide ranging impacts on DWP’s other critical business, with likely costs of the digital aspects.” It says this would take 18 months to set up.

It is the fraud claim over financial losses that is most extraordinary.

The submission says: “We are concerned that the Ombudsman’s proposed recommendations would generate a major fraud risk and be hugely and disproportionately burdensome to implement.”

“… we expect that the existence of a scheme would result in many claimants endeavouring to provide such evidence. The Department would then have to try out many extensive and expensive investigations to decide whether the evidence was sufficient to prove financial loss. We expect that claimants will be
encouraged to make claims for financial loss and that template letters will be circulated to support such claims. The cost of living crisis may also drive increased volumes of claims.

“This seems to be an entirely unnecessary expense for the taxpayer given that the Ombudsman has found no sufficient evidence on the 6 sample cases, we found no sufficient evidence on the 10,000 cases, and we cannot see how sufficient evidence could be available.”

The submission does not even accept that that there was anything wrong with the ministry’s communication to 50swomen. The Ombudsman makes another modest proposal that officials report to him and the chairs of the work and pensions and public administration select committtees, Stephen Timms and William Wragg on what they have done six months after his report is published.

“”You have recommended that within 6 months of your final report we explain to you and the chairs of the WPSC and PACAC what we have done since these events happened or what we plan to do.

….”we do not agree to report to you and the chairs of the 2 committees within 6 months of your final report being published. Also, your findings relate to historic events. We are not clear on the benefit of
considering these events with the advantage of hindsight.”

I am not surprised this confidential submission was labelled ” sensitive”. It shows up the arrogant way officials behave towards 3.5 million elderly women, their disdain for remarkably modest proposals from the Ombudsman, dislike of organisations like Waspi for organising ” template letters” and a level of complacency they have in their administration of this vexed and prolonged process of raising the pension age. Their official attitude is little better than Boris Johnson’s quip during the Covid pandemic “let the elderly die”.

I have not bothered to either inform or contact the Ombudsman’s Office or the DWP on this leaked report as the Ombudsman is bound by law from commenting during an investigation and the DWP never comment on leaked documents.

Please donate to Westminster Confidential so I can continue exposing what is really going on in government.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00