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## ABOUT THE CONTRIBUTORS Rob Behrens has been Parliamentary and Health Service Ombudsman in the UK since 2017. Previously he was Complaints Commissioner to the Bar Standards Board in England and Wales, and Higher Education Ombudsman in England and Wales. Having begun as an academic, Rob joined the Cabinet Offi ce in 1988. He was sent as a UK Civil Servant to work with the liberation movements in South Africa to assist in creating a post-apartheid civil service. Subsequently, Rob worked in 26 countries ' transition, before being appointed a senior civil servant and becoming Secretary to the Committee on Standards in Public Life. Rob is a Visiting Professor at UCL, and was appointed CBE in the Queen ' s New Year Hours List in 2016. He is an elected member of the World Board of the International Ombudsman Institute. Naomi Creutzfeldt is a Professor of Socio Legal Studies at the University of Westminster. She teaches public law, civil and commercial dispute resolution, artifi cial intelligence and algorithmic dispute resolution and socio-legal research methods. Her interests in ADR, as pathways of informal dispute resolution, have a broader scope, addressing questions of access to justice, vulnerability and consumer protection. She is the author of Ombudsmen and ADR (Palgrave McMillan, 2018). Julia Dahlvik earned her PhD in Sociology in 2014 at the University of Vienna, Austria, and currently works at the University of Applied Sciences FH Campus Vienna. Her recent research focuses on law and society, organisations and public administration. She is a founding member and co-speaker of the Law & Society section of the Austrian Sociological Association and was the local coordinator of the Research Committee on Sociology of Law at the Th ird ISA Forum 2016. Julia has edited and published numerous books and articles. Her latest research project was a mixed-methods study on the Austrian Ombudsman Board. Foreword Contents About the Contributors 1. The Evolution and Future of the Ombuds I. International but Still a Mystery II. The Impact of AI on an Institution Founded on the Value of the Human Touch III. Age-Old Problems in the Midst of an AI Revolution IV. Official Neglect and its Accidental Value V. Deciding the Structural Place or Institutional Function of Ombuds VI. Conclusion PART 1. THE PLACE OF THE OMBUDSMAN IN MODERN GOVERNANCE 2. Maladministration: The Particular Jurisdiction of the Ombudsman I. Introduction II. Jurisdiction to Address Maladministration III. What Is Maladministration? IV. Remedies for Maladministration V. Non-judicial Remedies for Maladministration VI. Conclusion 3. The Enforceability of Ombudsman Remedies and Competition with Judicial Review I. Introduction II. A Brief Survey of the Enforceability of Ombudsman Remedies III. The Rationale for Declining to Invest Ombudsmen with Enforceable Remedial Power IV. Permissibility of Overlap or Competition between Ombudsman Remedies and Judicial Review Remedies V. Functional Differentiation between Ombudsman Remedies and Judicial Review Remedies VI. Conclusion 4. Understanding the Response from Health Organisations to Health Ombudsman Investigations – A New Conceptual Model I. Introduction II. Background III. Health Ombudsman IV. Chapter Outline V. Research Methodology VI. The SPSO VII. Building the Conceptual Model VIII. Applying the New Conceptual Model IX. The First Element of the Model: Motivational Postures X. The Second Element of the Model: Model of Administrative Control XI. Clarity of Recommendations XII. Policy Tension XIII. Defensive Behaviours XIV. The Third Element of the Conceptual Model: Institutional Logics XV. Conclusion 5. The Role of Ombuds Institutes in Providing Equal Access to Justice for All I. Introduction II. The 2030 Agenda and the Goal to Provide Access to Justice for All III. A New Understanding of Access to Justice IV. The Ombuds Institute and People-Centred Justice V. Case Study of the Netherlands Ombuds Institute VI. An Early Experience in People-Centred Justice? VII. Positioning Ombuds Institutes at the Global Level VIII. Ombuds Institutes and Their Contribution to the SDGs IX. The Ombuds Institute and Its Unique Role in the Modern State PART 2. THE CHALLENGE OF MODERN GOVERNANCE TO OMBUDSMEN 6. Bringing the Ombudsman Role and Powers into the Twenty-first Century I. Introduction – What is the Future of Ombudsman as a Worldwide Institution? II. What is an Australian Parliamentary Ombudsman? III. Introduction of Ombudsman into Australian Public Administration IV. Meeting the Challenges Faced by Ombudsman V. Conclusions Appendix A: Distinction between Corruption Fighting and Complaint Handling Appendix B: Some of the Key Changes in the Operating Environments of Australian Ombudsman since the 1970s/1980s 7. Ombuds and Tribunals in a Digital Era: Framing a Digital Legal Consciousness I. Introduction II. Digitalisation of Justice III. Ombuds and Tribunals IV. Digital Legal Consciousness: A New Research Agenda 8. Complaint Handling Effectiveness: What Can We Learn from Industry-Based Ombudsmen Schemes? I. Introduction II. Development of Industry-Based Ombudsman Schemes in Australia8 III. Noteworthy Features of Industry-Based Ombudsman Schemes IV. Learning from Industry Ombudsman Schemes V. Conclusion 9. Decentred Regulation of the Ombudsman Sector: UK Style I. Introduction II. The Ombudsman Sector as a Regulatory Problem III. Decentred Regulation and the UK Ombudsman Sector IV. The Challenge of Regulation in the Ombudsman Sector V. Some Concluding Regulatory Lessons for the Ombudsman Sector 10. Reform of a National Ombudsman Scheme – A Journey I. The Inheritance II. The Journey III. Engagement and Adjustment IV. Improving Service Quality – Changes to the Service Model, Focus on Professional Development and More Flexible Approaches to Resolution, and Commissioning Clinical Advice V. Clinical Advice Review VI. Engagement with Citizens and Service Users – Transparency and Outreach Work VII. Reaching Out VIII. Towards a New Quality Standard IX. Accountability X. Discussion 11. Ombudsman and Counter-democracy: Gas Quakes in the Netherlands and the Democratic Role of the National Ombudsman I. Introduction II. Ombudsman and Democracy III. Gas Quakes in the Netherlands: A Disaster in Slow Motion22 IV. The Role of the National Ombudsman V. Discussion: Does the Ombudsman Reinforce Democracy? VI. Conclusion 12. Towards Therapeutic Complaints Resolution I. Introduction II. The Ombud in the Modern State: 'An Architect of Governance' III. Problems with Internal Complaint-Handling Systems in the UK IV. Case Study: Being Complained About V. Towards Therapeutic Complaint Resolution 13. High Official at Street Level: A Multi-method Study on the Consultation Days of the Austrian Ombudspersons I. Introduction II. The Ombuds Consultation Day: Intentions and Usage III. How Citizens and Ombuds Staff Use the Public Encounter IV. Conclusion 14. Reimagining the Classical Ombud: Disability Rights, Democracy and Demosprudence I. Introduction: Human Rights and a Crisis of Identity II. Misleading Emphases: Legalism, Libertarianism and Litigation III. Disability Equality and the UN Convention on the Rights of Persons with Disabilities IV. CRPD and the Human Rights Ombuds: 'Lawyer' or 'Activist'? V. The Classical Ombud and Disability Rights VI. Conclusion: Demosprudence and the Democratic Ombud 15. A Guardian Illuminated: The Role of New Zealand's Parliamentary Ombudsman in the Health and Disability System I. Origins and Evolution of Ombudsman in New Zealand II. Protecting Access to Healthcare and Disability Services III. Promoting Transparency in the Health and Disability System IV. 'Watching the Watchdog' to Ensure the Fairness of HDC Complaint Decisions 16. Ombuds Institutions: Non-judicial Mechanisms for the Protection and Promotion of the Rights of Older Persons I. Introduction II. Typology of Ombuds Institutions III. Older Persons and the Global Ageing Phenomenon IV. Challenges Faced by Older Persons and Violations of their Human Rights V. Developing International Law on the Human Rights of Older Persons VI. Classic Ombuds Institutions: Protecting and Promoting the Rights of Older Persons VII. Human Rights Ombuds Institutions: Protecting and Promoting the Rights of Older Persons VIII. Conclusion: Improving Protection and Promotion of the Human Rights of Older Persons Index "Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review - the evolving nature of modern public administration"-- Provided by publisher The ombudsman institution is a global phenomenon. It is a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents – Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, Germany and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of ombudsmen across civil and common law legal systems. The book has two key themes: This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.