The Evolving Role of the Ombudsman: A Conceptual and Constitutional Analysis of the Scottish Solution to Administrative Justice

Abstract

In a recent Annual Report, Jim Martin, the current Scottish Public Services Ombudsman (SPSO), referred to his office as a distinctly Scottish solution to administrative justice. This article analyses recent developments in Scotland with reference to various conceptual ombudsman models and different ways of understanding the constitutional position of the ombudsman institution. It describes how the institution has developed in Scotland, analyses the significance of these developments and, ultimately, considers whether the Scottish solution has lessons for the rest of the United Kingdom. At a time when significant changes have been proposed to the role of the UK Parliamentary and Health Services Ombudsman (PHSO), this article offers a Scottish perspective on the evolving role of the ombudsman institution.