If you are unhappy with the service you have received please
contact the relevant Head of Division who will try to resolve
any problem quickly. You should receive a substantive response
within 10 working days of receipt of your complaint. If this is
not possible, we will tell you when you can expect our reply.
Litigation
and Employment
Hugh Giles
Bona
Vacantia
Zane
Denton
European
Division
Paul
Berman
Central Advisory
Division (CAD)
Iain
Macleod
Alternatively, you can complain directly to the
Treasury Solicitor, Paul
Jenkins.
Our Postal Address is:
The Treasury Solicitor’s Department
One Kemble Street
London WC2B 4TS
If you are still unhappy after the Department’s
reply to your complaint and you feel that you have sustained injustice
as a result of maladministration, you may wish to consider an approach
to the Parliamentary Commissioner for Administration (the Ombudsman),
who investigates complaints made by members of the public about
government departments and other bodies. To do this, you will need
to make your complaint in writing to an MP who can refer it to the
Ombudsman, with your consent, with a request that an investigation
be conducted.
There are some complaints on which the Ombudsman
does not have jurisdiction to investigate. For example:
The investigation of crime, judges’ decisions or matters
relating to national security.
Staff issues – such as recruitment,
pay and discipline.
Commercial or contractual issues, except where
they involve the compulsory purchase of land.
In other cases, there may be another more appropriate
organisation to deal with your complaint, for example for some complaints
the only or best way for you to get the remedy you want may be through
going to court or to a tribunal.
We recommend you call the Parliamentary
and Health Service Ombudsman Helpline 0845 015 4033 to
check that they can help with your complaint and for advice on filling
in your form.
Examples of Maladministration
This is just
a list of some of the things which the Ombudsman might well find
to constitute maladministration.
The “Crossman” list, examples quoted
in 1966 by the late Richard Crossman as Leader of the House of Commons
when the Parliamentary Commissioner Bill was being taken through
Parliament, gives:
“Bias, neglect, inattention, delay, incompetence, ineptitude,
turpitude, arbitrariness and so on”.
The Parliamentary Commissioner for Administration’s
latest guidance states: Generally, "maladministration"
means poor administration or the wrong application of rules.
Some examples include:
avoidable delay
faulty procedures or failing to follow correct
procedures
not telling you about any rights of appeal
you have
unfairness, bias or prejudice
giving advice which is misleading or inadequate
refusing to answer reasonable questions
discourtesy, and failure to apologise properly
for errors
mistakes in handling your claims
not offering an adequate remedy where one
is due.
NB: Neither of these lists is intended to be a
comprehensive definition of
maladministration.
Serving the Treasury Solicitor with
Legal Proceeding
Most civil proceedings against Central Government
(including contract, property, restitution and tort claims) are brought
against the authorised government Department specified in the List
published by the Minister for the Civil Service under section 17 of
the Crown Proceedings Act 1947. This list names the Departments
for whom the Treasury Solicitor acts and also those Departments for
whom other departmental solicitors act. If the Department is not listed,
or if it is not clear which Department should be named, proceedings
may be brought against the Attorney General and served on the Treasury
Solicitor.
In relation to proceedings in the Administrative
Court (such as judicial review claims under Part 54 of the Civil
Procedure Rules) the Treasury Solicitor will also accept service
on behalf of those Ministers and office holders whose responsibilities
match those of the Departments for whom the Treasury Solicitor acts
under the list mentioned above.
Litigants and their solicitors are strongly
advised to serve on the Treasury Solicitor in such cases as this
avoids difficulties including (if relevant) those associated with
the need for personal service on the defendant. Similarly, where
the responsibilities of the defendant match those of a Department
for whom a departmental solicitor would act under the list mentioned
above, service should be on that solicitor.
Service of process by e-mail or fax is subject
to prior arrangement through Hugh
Giles Head of Litigation and Employment Group