The public services ombud and the claims of democracy

Abstract

This chapter advances a theoretical basis for the development of a public ombud institution that is progressive and democratic. In so doing, it seeks to answer the question of what sort of public ombud we want and need. It offers a critical account of the apparent consensus on 'modern ombudsman practice', characterised by the prioritisation of the individual user, system and dispute resolution. It associates 'modern ombudsman practice' of this sort with a jurisprudential mentality, with the values of the 'new public management' and with the ideal of the quasi-judicial ombud and its priorities of negative individual rights, boundaries and adjudication. As an alternative, it proposes the democratic ombud founded upon the 'demosprudential' values of community, human rights principle and deliberative practice. It concludes that the demosprudential path is the necessary means of attaining 'the People's Ombud' and an ombud that is true to its democratic roots. This will require the acquisition by the ombud of different powers, as well as a willingness and capacity to use them.