Independent Case Examiner Maladministration

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Dear Independent Case Examiner,
The law in the UK I believe states that an Ombudsman must investigate maladministration. The term maladministration is wide and ranging.

Towards the end of the year 2014 the ICE did not uphold my complaint in relation to CSA civil servants violating the Civil Service Code, whilst in the same paragraph of the same ICE report the ICE agreed it was maladministration. This is obviously a complete contradiction and I feel a further violation as you have not upheld my complaint whilst agreeing it was maladministration without a remedy!!!!!

Based on the first two paragraphs could you explain the following;

a) Could the ICE please explain as it is in the Ombudsman's association what is the ICE policy, remit and definition of maladministration in conformity of UK law?

b) As you are an Ombudsman, I believe you must investigate maladministration if maladministration has been carried out as per UK law, does the ICE legally have to rectify the maladministration so that a citizens rights are not further violated. If so, could I have a copy of your policy documents in relation to remedies associated to maladministration. Could I also have, if the ICE has it, a guideline that the ICE uses of policy documents in relation to maladministration and UK law.

c) According to your records and knowledge has a citizen ever used one of your reports in a court of law for his/her defence?

d) Based on the first two paragraphs, as you are an Ombudsman and must investigate maladministration, have you any policy documents which you must adhere to in relation to justice and violations of maladministration to be rectified in compliance with the United Nations,the European Court of Human Rights and the UK justice system and my Human Rights to an effective remedy. If you have any policy documents could you please provide them.

e) Based on the first two paragraphs, could you please explain for freedom of information purposes, within your remit on what grounds can you not uphold a complaint in relation to maladministration whilst at the same time stating and agreeing that it was maladministration in your report, whilst it is the Ombudsman's purpose to investigate maladministration and provide an effective remedy in compliance with UK law.

Yours faithfully,

Mr N Parker

DWP ICE gateway team, Independent Case Examiner

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DWP ICE gateway team, Independent Case Examiner

Sent by Email to: [1][FOI #248751 email]
 
 
Dear Mr Parker
 
Freedom of Information request - 219
 
Thank you for your Freedom of Information request received on 18 January
2015.
 
You can expect a reply by 13 February 2015 unless we need to come back to
you to clarify your request or the balance of the public interest test
needs to be considered.
 
If you have any queries about this email please contact us quoting the
reference number above. 
 
 
Yours Sincerely
 
 
FoI Team
 

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DWP Strategy Freedom of Information, Independent Case Examiner

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Dear Mr N Parker,

Thank you for your Freedom of Information request. Please find enclosed our reply.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

DWP Central FoI Team

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