Citizens with grievances against public bodies will have easier access to ombudsmen under reforms to the laws governing redress proposed by the Law Commission this week.

If adopted, the proposals would allow citizens to approach the Parliamentary Ombudsman on their own account instead of via an MP. They would also remove the ‘statutory bar’ to ombudsmen, which blocks complaints where legal redress has been sought.

The proposals appear in a 182-page consultation paper published by the commission on Thursday. Administrative Redress: Public Bodies and the Citizen sets out plans to reform the four pillars of administrative justice, ranging from internal complaint procedures, to external non-court avenues to public sector ombudsmen to court action.

Underlying themes are opening up access to non-legal remedies and reforms to both public and private law. The commission proposes reforms to the law of negligence ‘which developed in a haphazard and complicated fashion’, leading to periods of unpredictability that have served neither aggrieved parties nor public bodies.

Current case law on joint and several liability also comes under scrutiny for creating an ‘unjust draw on public resources’. For example, a regulator that failed to carry out its task is today responsible for consequent losses irrespective of the scale of its culpability.

Kenneth Parker, the lead commissioner on the project said that reform is a unique challenge because the government not only sets the rules but is a direct party in the legal process.

He stressed that the commission is open to suggestions. ‘These are our ideas but we are very receptive to what others might think.’

The consultation, the latest step in a project that began in 2004, ends on November 7.

Proposals at a glance

  • Remove two barriers to the use of ombudsmen – the statutory bar and the ‘MP filter’
  • Grant ombudsmen the right to stay judicial proceedings
  • Reform the tort of negligence to balance the needs of citizens and public bodies
  • Abolishing the torts of misfeasance in public office and breach of statutory duty
  • Reform the law on joint and several liability so that liability does not exceed culpability
  • Reform the system for redress in both public and private law