Governance and Maladministration

ServicesExpertisePublic LawGovernance and Maladministration

Public bodies must act within the scope of their individual powers – which are often more limited than is realised.

What is more, the public sector is now governed by rigorous ethical standards laid down by legislation and in rules and codes of practice.

Consequently, for public bodies, their members, employees and those interacting with them complex legal issues often arise as to whether the public body, or its members and officers, are acting both lawfully and entirely properly.

Whether you are part of the public sector or having difficulty dealing with it, we can help you.

Our work has included

  • Actions by the Parliamentary Commissioner for Standards and in relation to the Registers of MPs and Lords interests
  • Applications to the EU, parliamentary and local government ombudsmen
  • The role of the Audit Commission, parliamentary investigations, commissions and other inquiries
  • Claims of misfeasance, negligence or breach of statutory duty
  • Issues in relation to lawfulness and the scope of powers or vires as it is called
  • Issues in relation to confidentiality, disclosure and freedom of information

The regulation of professional bodies is an area of increasing complexity and the subject of scrutiny from a wide array of groups, including the courts, the media, those subject to the rules and those it protects.

We can provide up to date and specialist advice on the creation of new regulatory bodies, the drafting of their governing rules and the nature and scope of their powers. This work embraces many different sectors from health and financial services to transport and utilities.

Our advice includes

  • Codes of conduct
  • Complaints and disciplinary proceedings
  • Drafting and interpretation of governing rules
  • Education and qualifications
  • Forms and structures of regulatory bodies
  • Professional ethics
  • Statutory control