Question to the Attorney General:

To ask the Attorney General, whether her Department has (a) procedures and (b) notification systems in place for potential errors made by the Government Legal Department (GLD); whether errors by the GLD are recorded; whether financial losses arising from errors made by the GLD are recovered from the GLD; whether processes are in place to ensure that citizens receive redress when there has been a failure to process (i) applications, (ii) court orders and (iii) other maladministration by HM Courts and Tribunals Service; who in her Department is responsible for identifying and recording errors by the GLD; and what records her Department maintains of (A) apologies, (B) payments of compensation and (C) other matters relating to the GLD.

Where members of the public wish to raise a complaint about the Government Legal Department (GLD) or any of its staff, there is a relevant complaints procedure. Complaints will be investigated in accordance with the GLD complaints policy, which is available at https://www.gov.uk/government/organisations/government-legal-department/about/complaints-procedure#:~:text=Examples%20of%20maladministration-,What%20to%20do%20if%20you%20have%20a%20complaint,from%20receipt%20of%20your%20complaint.

There is then a right of appeal to the Treasury Solicitor. If the appellant is not satisfied with the department’s reply, and they feel that they have sustained injustice as a result of maladministration, they can consider bringing the matter to the Parliamentary Commissioner for Administration (the Ombudsman).

The Ombudsman can recommend that organisations make payments if a complainant has sustained financial loss or to acknowledge the complainant’s distress. However, the Ombudsman will not investigate complaints where the complainant has the option to pursue legal action.

The Attorney General and Treasury Solicitor also meet regularly to discuss performance and serious errors can be flagged.

HM Courts & Tribunals Service (HMCTS) has an administrative complaints procedure that allows citizens to complain about administrative failures to process applications and court orders or other maladministration. If HMCTS receives a complaint then it will investigate and take steps to put things right where any administrative error has been made. More information about this complaints process is available at https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure.