Saturday, 22 February 2014

Banning ritual slaughter is not religious persecution.


There is nothing “liberal” or “tolerant” about allowing the agonising animal slaughter of fundamentalist religion.

My response to Graeme Archer’s Telegraph piece, “This ban on halal slaughter is much crueller than it is kind. Persecuting adherents over the slaughter of their animals is a step towards proscribing their faith.”


Death can be a very painful process for human beings: particularly in those places, and at those historical times, where palliative care is/ was not available. Animals, too, generally have a rough time of things at the end of their lives. The Cartesian belief that, as animals do not have souls, they therefore cannot  experience pain, is one that is belied by biological research and empirical observation, at least in the case of more developed creatures. Just as we infer that other human beings have the same feeling of pain we have, by observing the similarity between ourselves and other beings in terms of their comparable behavioural responses to similar painful stimuli, including verbalisation when they are capable of this, we observe animals suddenly flinch and make loud, unusual noises when they are subjected to similar stimuli. Something that our kitchen table or our yucca plant do not do. And like humans, developed animals produce hormones that correlate with pain, and share very similar pain receptors and neuronal structures to humans. The evidence seems pretty strong that there is among developed animals a subjective conscious experience that corresponds with what we humans would describe as “pain” when they are subjected to what would be painful physical stimuli to humans. 

Our moral sensitivity takes into account the almost universal post-Cartesian belief that animals experience pain. We would not object to our neighbour throwing an old carpet on to a bonfire, but we would object to him doing the same with his trussed-up cat. Our community has an understanding that animals have rights to freedom from human cruelty and aggression, and this recognition is enshrined in our laws. Indeed, the very fact that we talk about “cruelty” to animals implies our universal recognition that animals can feel pain. It would make no sense to talk about “cruelty” inflicted on an insentient object, unless in a very figurative sense. 

How we decide to treat animals, and what we decide to allow other people to do to animals, is therefore something that falls within the parameters of a moral code. At this point, I would like to highlight the role that Christianity has historically played in encouraging appalling cruelty towards animals, with its teaching that animals do not have souls and can therefore not feel pain: a teaching that finds expression in the writings of Descartes. 

Graeme Archer’s 21 Feb 2014 piece for the Telegraph, “This ban on halal slaughter is much crueller than it is kind,” with the strapline, “Persecuting adherents over the slaughter of their animals is a step towards proscribing their faith,” seemed to me to display some of the undeveloped thinking about a cruel facet of two fundamentalist versions of religion that mainly characterises the Left these days, in its misguided and muddled attempt to depict the adherents of fundamentalist religious systems as victims of mainstream persecution. Graeme is not on the Left, so it was a surprise to read this piece from him, particularly as he is a vegetarian. What Graeme has neglected to weigh adequately in his evaluation is the fact that, for the reasons I have set out above, it is morally wrong for humans to treat developed animals cruelly. They have feelings, and can feel pain. Given their neuronal, biochemical and behavioural responses to what would be painful stimuli to humans, it seems as though they can even feel excruciating pain. Descartes would have disagreed, and suggested that animals were simply very complicated automata. This, of course, is theoretically possible; yet it is just as theoretically possible that I, as I sit here typing this, am the only conscious being alive, and everyone else who comes into my consciousness is an illusion. On the balance of probabilities, other humans exist and animals feel pain; and if this assumption is incorrect, then the outcome of this error is far less dire than mistakenly assuming and acting on the opposite.

Graeme reveals in his piece that he is a vegetarian, and it is clear that, to his credit, his dietary choices are informed by a wish not to contribute to animal suffering. But it does not seem to me that he accords very much importance to animal suffering when impeding that suffering would also impede the actions of those adherents of Judaism and Islam who believe that, when animals are slaughtered for meat, they must be hung up-side-down, have their throats slit while conscious, and be left to bleed to death. The catalyst for Graeme’s article was the recently-passed law in Denmark that makes this kind of slaughter illegal. This situation may well seem ironic, given the recent slaughter of Marius, a young giraffe, in a Danish zoo, that was fed to lions to public outcry. But as desperately sad and outrageous as this may seem, Marius was slaughtered in the same way that millions of land animals are slaughtered in the UK every year for food: by a bolt to the head. He was not subjected to the horror of ritual slaughter. We humans have become so inured to the discreet commercial slaughter, the sale and the consumption of certain animals, that a species bias has developed that gets highlighted whenever unconventional animals are killed for food.

Graeme writes:

“It is easier to order people about, when they are “people” only in the abstract. Swish! goes the legislative cane, and the dietary needs of Jews and Muslims are nullified.”


But halal and kosher meat – i.e. meat that has been produced by cutting a conscious animal’s throat and letting it bleed to death – is not normally what is referred to by the phrase “dietary need”. The very phrase “dietary need” implies at the very least some degree of legitimacy in seeking out the particular foodstuff in question. For instance, taking an extreme example merely to illustrate the philosophical point, a psychopathic serial killer who likes to cannibalise the flesh of his victims could not be satisfactorily described as having a "dietary need", because the term "dietary need" implies a degree of legitimacy. Ritually-slaughtered meat is not a “dietary need”, but a religious preference. It is not legitimate to expect animals to undergo such suffering before they end up on a plate. Gluten or dairy intolerance, or vegetarianism, or nut allergies, are "dietary needs". A choice only to eat animals that have died in agony is not a "dietary need". And it is particularly not a “dietary need” as its satisfaction conflicts with the right of sentient animals to be spared cruel and needless suffering. Furthermore, even someone who is a fundamentalist religious adherent could forgo meat entirely without suffering anywhere near as much discomfort as the many animals whose agonising, terrifying and protracted deaths are thereby prevented.

Graeme also refers to the "dietary needs" “of Jews and Muslims,” as though Jews and Muslims represented two internally homogenous groups with overwhelmingly shared values. This is patently not the case. Firstly, just as there are cultural Christians and observant, believing Christians, there are cultural Jews and observant, believing Jews, and cultural Muslims, and observant, believing Muslims. There is the same quality of difference between being an observant Muslim and a cultural Muslim, an observant Jew and a cultural Jew, as there is between being an observant Christian and a cultural Christian. I would imagine that many people who have grown up in a Jewish culture or a Muslim culture don’t even believe in God – or at least in the God as He is presented in their religion, (even if they might be too frightened to admit it to anyone for fear of repercussions). They may believe in certain tenets of their religion, and not in others. This is exactly the case with people who grow up in a Christian culture. It is therefore sloppy to write about ritual slaughter representing the “dietary needs of Jews and Muslims,” as though one size fits all. This kind of generalising blanket statement also gives the false impression of a “them and us” situation: as though the culturally Christian mainstream is ganging up on the Islamic and Jewish minority. I have known people who described themselves as Jewish or Muslim, and who approached their faith in a non-fundamentalist, non-literalist way. Some of them even ate bacon and had gay sex, (not at the same time, I assume). Identifying yourself as Jewish or Muslim does not mean that you will only eat ritually-slaughtered meat. Professing beliefs that identify you as a dogmatic, fundamentalist Jew or a dogmatic, fundamentalist Muslim is a different matter entirely.

Europeans had to deal with the misery of fundamentalist Christianity for many centuries. Just as fundamentalist Muslims have a literalist belief in the Koran as the infallible word of God, fundamentalist Christians had (have) the same belief in the Bible: and indeed, as we can see from the influence of evangelical Christianity in Africa and parts of the USA, it still has a strong foothold. In the West, scientists and social progressives have had to fight tooth and nail for centuries against Christian fundamentalism in order to bring about the social freedoms and intellectual enlightenment we currently enjoy – which includes Graeme’s freedom to live with his partner, Keith, without them being dragged to prison or the scaffold, as they might well be in Iran, Saudi Arabia, Uganda or Nigeria. The kind of religious system that demands animals be ritually slaughtered is the kind of religious system that has become desensitized in its dogmatism and literalism to the suffering of humans and animals caused by its tenets. It is a profoundly illiberal and oppressive form of religion when it is allowed to have the political power to become so: a political power it still currently lacks in the UK, and that it possesses in such places as Iran. It does not need to be appeased, and it must not be appeased. We have not progressed morally, culturally or scientifically by appeasing fundamentalist religion, and allowing its adherents to cause terrible needless suffering to sentient beings with the justification that they were just obeying their “religion”.

There is no reason why saying one has some belief system or other that one calls a “religion” should give a person a special right and dispensation under the law to cause grievous unnecessary suffering, whether that be to another human, or to any sentient animal, just because a fundamentalist reading of their religious text demands it. At the moment, those practising religious slaughter in the UK are given a special legal dispensation to do so. And this should not be the case. 

I used the medium of Twitter to ask Graeme whether there would be any level of animal suffering that he would proscribe a religion inflicting, and posited a hypothetical religion that said animals had to be slowly tortured to death, asking him whether that would be justified on the basis of it being a religious stricture. I asked him, assuming he would not regard such torture as acceptable, why he would then draw the line at a place that made cutting a conscious animal’s throat acceptable. I also told him I thought there was not a very thick line between giving “religions” a special licence to cause needless pain to animals, and giving “religions” a special licence to cause needless pain to humans. In reply, Graeme wrote:

“I almost wish that I had your certainty. Would you believe that you have described the article I thought I would write?..”


I didn’t understand what Graeme meant by this reply, and asked for clarification, which resulted in the message:

“You are very clear in what you believe to be right, and I almost never am, and I sometimes, sort of, envy that. That's all.”


But I remain confused by Graeme’s replies. I had asked him a specific question about whether he would defend a religious “right” to torture an animal to death, and if not, then why he thinks there should be a religious “right” to cut a conscious animal’s throat and let it bleed to death. Instead of answering the question, he simply replied that, unlike him, I was very clear about what I believed to be right. 

Yet, in his article, as you will see if you read it, Graeme seems very clear indeed about what he feels to be right on the matter of ritual slaughter. He believes that it should be tolerated, and not legally prohibited. Not only that, but he writes, “This ban on halal slaughter is much crueller than it is kind,” and “Persecuting adherents over the slaughter of their animals is a dreadful, dangerous step towards proscribing their faith altogether, one I find intolerable,” and he describes politicians who would ban ritual slaughter as “deal(ing) with humans in the abstract; as inhumane a practice as any devised for the slaughter of livestock.” It seems quite bizarre that Graeme should express “envy” of the solidity of my convictions, when he expresses such strong convictions of his own in his article. “Intolerable”, "dreadful" and "dangerous" are quite strong words, after all. They surely express a very clear certainty of conviction: at least as strong as my own.

How Graeme can describe banning the cruel ritual slaughter of defenceless animals as “persecuting” religious adherents is beyond me. It is not “persecution” to be prevented from enacting the tenets of a specific religion if by so doing one would be causing significant harm to another sentient creature. Some fundamentalist adherents believe their religion requires anyone who leaves their religion to be put to death, or that gay people should be put to death. The law in this country thankfully prevents both of these occurring, regardless of whether those adherents feel they are being “persecuted” by not being allowed to do what their understanding of their religion requires them to do. I know that the rights of animals are different from the rights of humans, but I give these examples to demonstrate that obstructing a cruel religious act is not a prima facie case of religious persecution. And in his article, and in his Twitter exchange with me, Graeme has failed to explain how the rights of animals to freedom from cruelty at the hands of fundamentalist religionists can be treated with such contempt, and just where he would draw the line, and why.

His piece expresses a serious concern about imposing his own concerns about animal welfare in relation to food on to other people:

"I don’t feel the slightest urge to judge the choices that the human to whom I am closest makes about food. Not even when he eats meat which has been “ritually slaughtered”."


"So extend that outwards, a bit, from the person next to me, whom I know, to the rest of the world. If Keith can eat kosher meat, and I don’t feel the urge to interfere, by which mechanism could I declare that kosher or halal be banned, from the diets of those I will never know or meet?"

If Graeme can see no fault in his partner's eating ritually-slaughtered meat, and even buys it for him, he is right to consider himself in a weak position when it comes to suggesting that halal and kosher slaughter be proscribed. But what he fails to recognise is that his failure to object, and his condoning ritual slaughter, may say more about his own moral blind spot and inconsistency than about the merits of condemning the practice. There are some actions that are so morally repellent that it is simply not sufficient to abstain from them onself while defending another person's legal right to indulge in them on the grounds of "tolerance" and "liberalism". An example of this was the historical tolerance of domestic violence at a time when the police and the law took no interest in it. It was not good enough to say, "I don't beat my spouse, but it is none of my or the state's business if my next-door neighbour does so," even though, for many years, it was customary for people to turn a blind eye and to not get involved if the woman next-door was getting a beating. Most people would not have "felt the need to interfere" then, which does not entail that their urges were attuned to a proper moral conscience instead of being attuned to contemporary convention and not wanting to rock the boat. The merchandising of ritually slaughtered meat is so sanitised and divorced from the cruelty that has been inflicted on the animal, and its purchase so widespread and so casually condoned by a good proportion of an indifferent public too self-absorbed to want to bother about it, that it is very easy not to "feel the need to interfere" to try to stop the practice happening. The parallel with the pre-proscription blind eye that was turned to domestic violence is a valid one. As is the blind eye that was turned to marital rape, which also used to be perfectly legal in the UK. And to bring the focus back to animals rather than humans, condoning the legal ritual slaughter of animals whilst abstaining from eating such meat oneself is no better, no more enlightened, no more courageous, than condoning the legal abuse of house pets by one's next-door neighbour while treating one's own pets with kindness and consideration. What is needed with ritual slaughter is a wake-up call; deeper and more considered thought; an attempt to bring some consistency into one's moral spectrum in the place of convenient complacency; and an end to lazy, half-baked attempts to justify the indefensible. This is exactly what was needed in the case of legal domestic abuse and legal marital rape, but that was impeded for so many years because the prevailing injustices seemed so "normal" at the time, and it seemed to violate the principles of libertarianism to expect private citizens, or the state, to do what then seemed to many like interfering in the private life of a married couple, and taking away a stronger person's liberty to abuse a weaker person in this context. Just as marriage must never be an excuse for legal rape and legal domestic abuse, espousing a fundamentalist religion must never be an excuse for heinous and shocking legal cruelty towards animals.

Graeme writes in his piece, “This is no way to build the society we claim to desire: the one of mutual respect and tolerance,” and in a tweet to me, “But, while I'm not religious, neither would I like to wish it away (pointless and illiberal.) We need to live together.” All of this is a red herring. We do not have to “respect” or “tolerate” anything in our society that we find outrageous and cruel, regardless of whether or not it is enjoined by a fundamentalist religion. There are certain categories of beings that do not have a voice, and are unable to defend themselves or write influential pieces in the Daily Telegraph when their rights are seriously violated: abused children, including children growing up in fundamentalist families who are taught they risk being burned alive in hell for eternity, especially if they are gay or lesbian; asthmatic babies in cars subjected to the cigarette smoke of irresponsible parents; unborn children who will be torn apart by a surgeon’s forceps; and animals who suffer the agonising and terrifying death of ritual slaughter. It is very easy to talk about being “tolerant” and “liberal” towards people who are doing cruel things to those without a voice to complain, so long as we push the suffering of their victims to the back of our minds. We can pick up “a few slices” of kosher salt beef in the supermarket for our loved one, with its sanitised packaging and attractive presentation, in the context of what feels like an innocuous, humdrum routine activity shared by many others, to the comforting strains of shop muzak. All of these help to prevent our empathic moral consciousness from imagining the squeals and agony of the terrified animal as the knife slices across its throat and it is left hanging to bleed to death.

There is no suggestion of “wishing away” religion, and prohibiting religious slaughter is not in the slightest a step towards proscribing religious faith. This is hyperbole and fantasy. There are certain actions that are cruel, immoral and unworthy of any human being: and just because someone calls their belief system a “religion” does not confer special moral rights, and must not confer special legal rights. There are plenty of atrocities that have been committed historically in the name of the Christian religion, that are now regarded as utterly unacceptable and are illegal. This has not led to the Christian religion being “proscribed”, though particular elements in the cruellest versions of it, or at least the ability of the cruellest versions’ adherents to inflict the suffering on others they would like to inflict, have indeed been proscribed. It is not the whole religion that has been proscribed, but some of the specific cruel actions within its most inhumane and oppressive versions. Such proscriptions have not led to Christianity being proscribed altogether. Mainstream Christianity continues to evolve into something more thoughtful, compassionate and liberal, and less dogmatic. It has made a great deal of progress on this journey already. Until the fundamentalist versions of Islam and the fundamentalist versions of Judaism develop the same way, we have a moral duty to protect those beings vulnerable to the kind of cruel religious superstition that blighted the European Middle Ages, and that is still rife in so many places today. 

There is no place for animal cruelty in the U.K., even when it has a fundamentalist religious packaging and is mislabelled “tolerance”.

© Gary Powell, 2014 

Sunday, 24 November 2013

The Local Government Ombudsman's External Evaluation.

Can the public have confidence in the recent External Evaluation of the Local Government Ombudsman?

 At the time of writing, the Communities and Local Government Select Committee is carrying out a further inquiry into the work and performance of the Local Government Ombudsman (LGO). 

The LGO is something I have taken a keen interest in since 1999, when I represented a family who had experienced maladministration from their local council with their complaint to the LGO. In the course of my dealings with the LGO, I realised that they were a dishonest and completely unrealiable outfit that was very much biased in favour of local councils. 

Dealing with the appalling local authority in question, and then dealing with the equally appalling LGO, was a traumatising experience, so I gave myself a few years to recharge my batteries before setting up LGO Watch in 2003: a national campaign I directed until 2008.

The LGO is a law unto itself, but it reports to the Communities and Local Government Select Committee (CLG Committee), which until very recently has been impervious and indifferent to the evidence of dishonesty and systemic maladministration at the LGO. Even now, after recently telling the LGO it had to "up its game," they seemed to be more concerned about inefficiencies than about complainants getting regularly and deliberately stitched up. 

Last year, the CLG Committee told the LGO that there had to be an independent External Review of the LGO, an LGO staff satisfaction survey, and a new Customer Satisfaction Survey. The problem is that the LGO is being allowed by the CLG Committee to commission these surveys themselves. This, in spite of the fact that it has been demonstrated to the Committee that the LGO manipulates the process and the reported outcome of surveys in order to avoid negative publicity. 

The LGO published a "summary" of their Staff Satisfaction Survey on their website, together with their response to it. What they did not reckon on was that someone who had received the undoctored version of the original staff survey report would leak it to LGO Watch. Predictably, the "summary" of the survey the LGO published bears little resemblance to the actual survey report, a copy of which I have sent to the CLG Committee. 

The LGO was also allowed to commission its own independent External Review, and to appoint its own independent External Review team. It has now published its  “External Evaluation of the Local Government Ombudsman in England.” There were three members of the External Review team:

"The Team was Chaired by Richard Thomas CBE, Chairman of the Administrative Justice and Tribunals Council and former Information Commissioner.1 The other members of the Team were Jim Martin, the current Scottish Public Services Ombudsman and former Police Complaints Commissioner for Scotland;2 and Dr Richard Kirkham,3 an academic from the University of Sheffield with previous research experience of ombudsman schemes." (P4)

So one member was a former Information Commissioner. Another was the current Scottish Public Service Ombudsman. And the third, Dr Richard Kirkham, was an academic at Sheffield University who was already known to LGO Watch following an article he wrote in 2005: “A Complainant's View of the Local Government Ombudsman,” was published in the “Journal of Social Welfare and Family Law,” Volume 27, Issue 3-4. 

Dr Kirkham’s article was published in 2005, following the Select Committee inquiry into the LGO where the investigation was aborted when the General Election was called, and at a time when the LGO was starting to receive very negative publicity as a result of LGO Watch evidence reaching the public domain and the newspapers.
  
Dr Kirkham apparently played a major role in the drafting of the External Review. In the Preface to the External Review, we are told:


"Richard Kirkham undertook the bulk of the research and drafting of this Report for which his colleagues are most grateful." (p4)

The following paragraph from the External Evaluation is quite an endorsement, and is inconsistent with the evidence provided by LGO Watch since 2003, and the experience of hundreds of complainants to the LGO who contacted us:

“The current programme of change does not undermine our view that the LGO is an organisation made up of dedicated and hard-working people who deliver appropriate administrative justice on a daily basis. We also recognise that the LGO has a long track record of being a reflective organisation that has often been a leading innovator in its field.” (p4) 
Needless to say, the Local Government Ombudsman seemed very pleased at this endorsement, and announced the following on its website:

 

“LGO welcomes independent confirmation that it is a fair and effective Ombudsman

An independent external evaluation of the Local Government Ombudsman (LGO) is published today. It confirms that the LGO is independent and accountable; and it provides clear evidence that the public have access to a fair and effective route to redress when they have complaints about local public services and social care providers.”
Dr Kirkham’s 2005 article was published following the ODPM Select Committee's Evidence Session where, for the first time in the history of the LGO, the institution faced questions as to its impartiality, honesty and efficacy. (The ODPM Committee is now the CLG Committee.) LGO Watch had been set up in 2003, and in 2005 we provided detailed evidence to the Committee of how complainants to the LGO were being treated unfairly, and of how the LGO was manipulating its Customer Satisfaction Surveys, whose results were still nonetheless quite damning of the LGO, even after they had been manipulated. 

The Select Committee evidence session on the LGO was held on 15 March 2005, and Jad Adams’s “Thunderer” column was published in the Times on the same day, criticising the LGO http://thetim.es/RfRqGd. The LGO replied with a PR campaign, and on 26 April 2005, a sympathetic interview with the Ombudsman was published in the Times http://thetim.es/Re3Xya.  Dr Kirkham’s article was published in December 2005. It bore the title, “A Complainant’s View of the Local Government Ombudsman.” We were astonished because Dr Kirkham gave absolutely no indication in his article that he had ever been a complainant to the LGO, and absolutely no indication that he had even spoken to any complainants to the LGO in order to find out their perspective. 

It was complainants who had provided the evidence to the Committee of LGO maladministration and dishonesty, and now Dr Kirkham had published a sympathetic article on the LGO which he claimed to be "a complainant's view." Perhaps a surprising title, given that he made no reference in his article to ever having been a complainant to the LGO; given that, in his article, he casually dismissed the evidence provided by real complainants to the Committee; and given that he did not make any effort to contact LGO Watch to ask for our perspective for the purposes of researching his article. 

Where in his article Dr Kirkham did refer to evidence that we as complainants had provided to the Committee - evidence that was published in the ODPM Committee’s report - he did so selectively and constructed straw men to attack, completely ignoring the detailed analysis of and commentary on the MORI Customer Satisfaction Survey that we had provided to the Committee. If Dr Kirkham's article was really "a complainant's view of the LGO" of some description, then it was clearly a very bizarre one indeed.

It is worrying that an academic writing an article that purported to be from the perspective of a complainant took so little interest in the very instruments that had provided evidence of real complainants’ views: the 1995 and 1999 MORI LGO Customer Satisfaction Surveys, and the analysis of them provided in the 2005 LGO Watch submission to the Committee. Instead, Dr Kirkham disregards the devastating and valid accusations of the LGO made by real complainants to the Committee, and focuses on attacking accusations that were not made by LGO Watch, and that would not be made by any informed and intelligent complainant.
In Dr Kirkham’s article, he refers to the evidence submitted by dissatisfied complainants that was published by the ODPM Committee following the 2005 Evidence Session on the Role and Effectiveness of the LGO. He is clearly aware of the evidence presented by LGO Watch and by our supporters, of LGO bias and maladministration, and he refers to my submission in his article, so it is a reasonable assumption that he read it. Those submitting evidence to the Committee had their submissions rejected if they focused on the content and detail of their individual complaints. Instead, complainants were expected to present a wider, more general picture of systemic and procedural concerns. The submissions of several LGO Watch supporters were rejected because they did not meet this requirement, and their submissions were not published.

The LGO Watch submission, which I wrote as the then director, focused on evidence that the LGO was biased in favour of local authorities, and that its MORI Customer Satisfaction Survey indicated an alarmingly high rate of customer dissatisfaction with the LGO’s service. This dissatisfaction was even shared by 50% of those whose complaints were successfully upheld by the LGO. Our submission also focused on strong evidence that the LGO had manipulated the process of the Survey, so its outcome would have been even more critical  of the LGO if this manipulation had not taken place.
In his 2005 article, Dr Kirkham decided to make no reference to this crucial evidence presented in the LGO Watch submission. Not only this, but in his 2005 article, he says:
“There has never been any serious allegation that the LGO act in any other way but according to the highest standards of public conduct.” (ibid., p 388).
This was an extraordinary thing to say. In this one sentence, Dr Kirkham dismisses the detailed evidence provided to the Committee of LGO bad practice as not being “serious”. Our evidence was not even treated with the courtesy of a statement of its content, an evaluation, and an attempted refutation. It was simply dismissed out-of-hand as though it was not worth a moment's consideration: even though the evidence provided to the ODPM Committee was considered to be "serious" enough to formed the basis for several questions posed to the LGOs during the evidence session.

Just a reminder, at this point, of who Dr Kirkham is. He was one of the three individuals commissioned by the Local Government Ombudsman to conduct an independent external evaluation of the LGO: an evaluation that had been requested by the Select Committee. Dr Kirkham also had a very significant role in the external evaluation:

"Richard Kirkham undertook the bulk of the research and drafting of this Report for which his colleagues are most grateful." (p4)

Where the integrity of the LGO is concerned, I have provided evidence in my 2005 and 2012 submissions (submission 1 and submission 2) to the Select Committee of how dishonestly the LGO outfit operates. Evidence abounds in the experience of individual complainants, but one only has to look at how the LGO manipulated the process and the reported results of their 1995 and 1999 MORI Customer Satisfaction Surveys. 

There is even one very recent example of LGO dishonesty that I discovered while reading through the LGO’s recent "summary" and response to the Staff Satisfaction Survey, which I compared to the actual Report on the results of that Survey that had been leaked to LGO Watch by a member of staff with access to it. In amongst the damage limitation attempt that was the LGO’s response to the damning Survey outcome, the LGO stated:
 
“39% believe we provide a great service to our customers but 34% are undecided.”
There was no mention in this "summary" of any staff member actually disagreeing with the statement that they provided a “great service” to their customers.
This surely gives the impression that no-one had said they positively disagreed with the statement. But the way this data has been presented in the LGO’s response distracts from the fact that 27% of the LGO's own staff positively disagreed with the statement that the LGO provided a great service to their customers, and that 7% of this 27% strongly disagreed with the statement, resulting in a total of 61% of staff either actively disagreeing with the statement, or else feeling unable to actively agree with the statement. This can only have been deliberate misrepresentation of their staff’s opinions, and it is so typical of the spin-doctoring with which the LGO attempts to dupe both the public and those principled politicians who would not tolerate the behaviour of the LGO if they were fully aware of what is happening.
 
At the beginning of his article, Dr Kirkham refers to the 2005 submissions to the ODMP Committee, and says,
“In amongst these submissions, there were even proposals for the abolition of the LGO [...] To a certain extent, such criticisms misunderstand the purpose of public sector redress mechanisms and the remit of the Ombudsmen.” 

Although Dr Kirkham here associates the proposal to abolish the LGO with a misunderstanding of "the purpose of public sector redress mechanisms and the remit of the Ombudsmen," the abolition of the Local Government Ombudsman was proposed in a 1995 report by Sir Geoffrey Chipperfield, after the Government at the time asked him to carry out a fundamental review of the necessity for and functions of the LGO. One might imagine that Sir Geoffrey had a rather good understanding of "the purpose of public sector redress mechanisms and the remit of the Ombudsmen."
People will be looking for a very long time to find any proposal to abolish the LGO among the 2005 submissions to the Committee that indicated a misunderstanding of "the purpose of public sector redress mechanisms and the remit of the Ombudsmen." With the LGO Watch submission I drafted, I was the only person who had submitted evidence calling for the abolition of the LGO as an alternative to radical reform in the 2005 ODPM Committee Report on the LGO. So I can be the only person to whom Dr Kirkham was referring in this respect. I have never been someone who misunderstands the purpose of public sector redress mechanisms or the remit of the Ombudsman. When I was Director of LGO Watch, I repeatedly explained to many people who contacted me, that the LGO could only investigate complaints that fell within his jurisdiction, and that even then, he could only investigate complaints where there was prima facie evidence of maladministration combined with evidence that not only had injustice been suffered, but significant injustice. I was also fully aware that there were time limit restrictions, that the local authority complaints procedure had to have been exhausted, and that there had to be no parallel legal action taking place in order for a complaint to be considered by the LGO.  

Nowhere in my submissions or campaigning have I ever expected the LGO to act outside his legal jurisdiction, or to relax his criterion of requiring prima facie evidence of maladministration with significant injustice. In fact, these are criteria and restrictions that I fully support, given that I have always been infinitely more concerned about grave injustices that affected very vulnerable people and their families, that could actually have brought about the loss of their lives or their mental health, than about any other issues that complainants were taking to the LGO.
Dr Kirkham was clearly referring in the above quotation to my own submission, as he makes reference to “EV 26” (which was my submission) after making his point. Yet nowhere in my submission is there the slightest shred of evidence that I “[misunderstood] the purpose of public sector redress mechanisms or the remit of the Ombudsman.” On the contrary: I gave very clear and detailed evidence that this was not the case. Dr Kirkham’s approach was to refer to my statement about LGO abolition, and then to create a straw man to attack, instead of attacking the points I actually made. So the views that Dr Kirkham dismissed were not by any stretch of the imagination my own views. This is Dr Kirkham, the independent external evaluator who was commissioned by the LGO, and who played such a major role in drafting the report for the Select Committee.
On page 384, Dr Kirkham’s article continues with an exploration of the LGO’s need to make the public aware of the LGO service. As he has already declared a belief that the LGO behaves with such a high degree of probity, and dismisses the counterevidence as not being “serious”, he clearly cannot appreciate that encouraging more public use of an outfit that systematically stitches people up after telling them they will be treated justly, only serves to increase the number of people who get stitched up. 
 
On page 386, Dr Kirkham explores the limitations of the LGO’s remit, which correctly includes the point that the LGO is not allowed to look at the merits of a decision of a local authority taken “in the exercise of a discretion vested in that authority.” This again has always been something of which I and other senior members of LGO Watch have been very much aware, and that we have never wanted to contest. Yet this is a very good target for Dr Kirkham to attack, even though LGO Watch was not associated with it:
“Judging from many of the consumer complaints made to the Select Committee on the Office of the Deputy Prime Minister, the failure of the LGO to review the merits of a local authority decision probably lies at the heart of much of the dissatisfaction that some members of the public experience with the LGO.”
This line of attack continues on page 386, where Dr Kirkham writes about the disappointment of those whose complaints are not investigated by the LGO because they fall outside the LGO's jurisdiction, or for the various other reasons to which I have referred above. What Dr Kirkham presents as complainants’ objections bear no relevance to the arguments made by the current and previous Directors of LGO Watch in our 2005 and 2012 submissions.  


On page 388 Dr Kirkham states that

“[...] the public should be entitled to expect the highest standards of conduct and impartiality from the Ombudsman. Hence, it is a worry that in some quarters there is a perception that the LGO is too familiar with local authorities (Select Committee on the ODPM, 2004-2005, Ev 16-28). This perception has mostly been derived from the fact that two out of three present LGOs were Chief Executives of local authorities before moving to their present post (Local Government Ombudsman, 2005).”

But here, Dr Kirkham posits a cause that is in fact an effect. It was LGO Watch that claimed the Ombudsmen were too close to local authorities. We did not derive this perception from the fact that Ombudsmen tended to be ex-council CEOs. We derived the perception that the Ombudsmen were too close to local authorities from the fact that we had observed so much pro-council bias. We had observed this bias not only in our own personal experience of complaining to them, but also in evidence available in LGO annual reports, in the data  relating to their published Customer Satisfaction Surveys, and in the ongoing dishonesty and subterfuge we experienced from their office as we conducted the ongoing LGO Watch campaign. This was what caused the perception that the Ombudsmen were biased in favour of local authorities. The fact that, in 2005, two of the Ombudsmen were ex-local authority CEOs merely provided a reasonable explanation as to why such pro-council bias existed. As Dr Kirkham did not bother to speak to the real complainants at LGO Watch before writing "a complainant's view," we did not have the opportunity to explain this to him.
On page 389, Dr Kirkham bizarrely writes about “silencing” critics of the LGO:
“Improving the openness and transparency of the work of the LGO through regular public scrutiny would probably go a long way towards silencing critics of the post.” 

Surely what is important is "reassuring" and "satisfying" critics of the LGO, and not "silencing" us. If we were reassured, we would be silenced, of course. But it seems a very odd word to use in this context. What was Dr Kirkham thinking of?
On page 390, Dr Kirkham writes about delays during LGO investigations:
 
“Such delays have even opened up the LGO to allegations of maladministration!” 

So Dr Kirkham decided to use an exclamation mark here. What does that express? That  the incredibly high levels of probity and efficiency of the Local Government Ombudsman are such that any suggestion the LGO could be guilty of maladministration is simply absurd? Nothing more than a joke worthy of an exclamation mark?

Yet the External Evaluation team were supposed to be investigating this very possibility: whether the LGO was itself guilty of a high level of maladministration. This was surely not something to be rejected out-of-hand with a dismissive exclamation mark. Indeed, a member of the CLG Committee, Mr Simon Danczuk MP, himself raised the possibility that the LGO was committing maladministration in his piece for the Guardian of 26 July 2012 http://bit.ly/N8gQ7l entitled “Local Government Ombudsman risks becoming 'pickled in aspic'“:
 
“The ombudsman's 2011 Strategic Review, which it avoided publishing, suggested the bottom 20% of performers among the team handled some 10% cases. Some corporate functions within the ombudsman boasted staffing levels that were difficult to justify and that a significant proportion of operational support existed only to provide basic administrative and office services.

We heard of cases sitting in the commissioner's office for 12 months. A body responsible for examining maladministration was now being accused of maladministration because of its lethargic and cumbersome approach. The ombudsman's response wasn't encouraging. It was sketchy about plans for transformation and appeared to learn little from good practice in Scotland and Ireland.

There is no doubt the ombudsman needs to dramatically improve, and though it must retain its independence the Department for Communities and Local Government and parliament itself must push for that change.”

On page 391, Dr Kirkham writes about the merits of local settlements, but does not  explore the effect on complainants of having a “local settlement” effectively imposed on them by the LGO should a local authority agree to it, but the complainant regard the remedy as inadequate. This is something that actually violates the definition of the word “settlement”, which surely normally implies agreement – perhaps with some compromise - by both or all parties concerned. Of course, where complainants are concerned, the alternative to rejecting a “local settlement” proposed by the LGO is to have the investigation terminated and to get nothing at all. 

Dr Kirkham makes a statement on page 392 that merits closer examination:

“[...] the LGO are there to perform a number of roles and, of those roles, publicly calling local authorities to account is one of the least important.”

My view is that the taxpayers who fund the LGO would have little sympathy for Dr Kirkham’s position on this matter. One of the greatest checks and balances on the behaviour of a public authority, or of any person in public life, is the possibility of being publicly called to account: the essence of “accountability”. The priority of the LGO should indeed be to provide a remedy for a complainant who has suffered maladministration with significant injustice and harm at the hands of his local authority. But any suggestion that calling local authorities to account for maladministration should be “one of the least important roles” of the LGO does the citizen and taxpayer a disservice. It is the kind of attitude that LGO Watch associates with the LGO, whose office has a very strong reluctance to call local authorities to account. Indeed, the experience of LGO Watch activists is that the LGO does all he can to disguise, excuse and whitewash local authority maladministration, which, as a result, is massively underidentified and underreported. 

In contrast to the positive External Evaluation report on the LGO that has been drafted by Dr Kirkham and his colleagues, many of the LGO's own staff have far less confidence in the LGO, as was expressed in the damning results of the LGO's Staff Survey that the CLG Committee required them to carry out. Although the LGO published a highly selective and doctored "summary" and response to the Survey on their website, the actual Staff Survey Report was leaked to LGO Watch by someone who obviously wanted the public to know the truth. I have sent a copy of this leaked report to the CLG Select Committee, and it may form the content of a future blog.

For the public to have confidence that an independent external review of a body is truly an independent external review, it should surely only be carried out by people who are completely independent from the body being reviewed. The LGO were founder members of the British and Irish Ombudsman Association (BIOA). Dr Kirkham certainly was a member of the BIOA in the recent past, and may still be a member of it, for all I know (Please click on the link below and scroll to near bottom: “Member of British and Irish Ombudsman Association” http://www.shef.ac.uk/law/staff/academic/rkirkham .) The LGO is also a member of the BIOA.

Professional associations tend to function as a union that exists for the benefit and support of their members. Accordingly, I do not see how one member of an association can be considered to be truly independent from another member where the investigation of professional good practice is concerned.

 

Much of this blog has been dedicated to Dr Kirkham and his surprising views expressed in his 2005 article, and to the way that his article did an injustice to the evidence presented to the ODPM Committee in 2005 by real complainants to the LGO. There were two other Review Team members. Mr Jim Martin, as the Scottish Public Services Ombudsman, was also criticised by Scottish Public Services Ombudsman Watch in similar ways to which LGO Watch criticised the LGO. Yet he was commissioned as someone the public was meant to regard as impartial. As the SPSO, Mr Martin was also almost certainly a member of BIOS, and perhaps still is.

Mr Richard Thomas was the third Review Team member. He was the Information Commissioner at one time, which is essentially just another name for an ombudsman. Legally, the LGO are also commissioners, of course. In 2009 he was elected as Chairman of the Administrative Justice and Tribunals Council.

http://en.wikipedia.org/wiki/Administrative_Justice_and_Tribunals_Council

In 2010 the Government wanted to abolish the Administrative Justice and Tribunals Council

http://www.publications.parliament.uk/pa/cm201213/cmselect/cmjust/965/96504.htm

but it has only recently folded:

http://en.wikipedia.org/wiki/Administrative_Justice_and_Tribunals_Council

If the Administrative Justice and Tribunals Council had been doing their job properly, a component of which was to keep under review administrative justice, then the LGO, the SPSO and the Public Services Ombudsman for Wales would have been improved a long time ago. Furthermore, if they were doing a good job, the question must be asked as to why the Government abolished them. The ex-Chairperson of the Administrative Justice and Tribunals Council was now being asked to review the performance of the LGO, when he should have already identified LGO maladministration when he was the Chairperson, but did not.

However one decides to describe the professional relationship between the LGO and the External Evaluation team, it appears to be a very incestuous one, and not one that inspires public confidence in objectivity and true independence. Instead we see the BIOA, the AJ&TC, Ombudsmen, and an academic who wrote a very pro-LGO article in 2005 that ignored and the evidence provided by real complainants in favour of straw men he could easily attack. 
Any amount of evidence can be rejected as an indication of bias, if the person evaluating the evidence is, for any reason, simply unwilling to see the bias. Although a legitimate judgment of bias will be based on reasonable evidence, it is ultimately a subjective interpretation: and those people who have vested interests in not seeing bias will always be able to say that, in their opinion, no bias is in evidence, and they may be skilled in selecting the counter-evidence they adduce to justify their position.

Those of us who have campaigned since 2003 to have the systemic maladministration, subterfuge and dishonesty of the Local Government Ombudsman exposed, have serious misgivings about the accuracy and objectivity of the External Evaluation into the LGO that has just been carried out. Most people do not realise how central a role the Local Government Ombudsman plays in encouraging bad practice and maladministration by local authorities. The fact that local authorities realise they have nothing to fear from their a friendly and biased LGO outfit means they can afford to be more relaxed about committing maladminstration and bad practice. This results in worse local authority services for local taxpayers, and the risk that any one of us could be seriously stitched-up one day, and have nowhere to turn to for justice. 

It remains to be seen whether the CLG Select Committee finally manage to recognise the LGO for what it is, and if they do, whether they will care enough to do something about it.

© Gary Powell, 2013

 


Friday, 1 November 2013

The Disgraceful Local Government Ombudsman.

How and why the Local Government Ombudsman (Twitter: @LGOmbudsman) stitches up complainants.


When I was Director of Local Government Ombudsman Watch, I found out that the LGO had commissioned a MORI Customer Satisfaction Poll in 1999 that exposed a 73% complainant dissatisfaction level with the Local Government Ombudsman's service. 61% of complainants declared themselves to be ‘very dissatisfied’ with the final outcome of their complaint. The survey revealed that even among those whose complaints had been successfully upheld by the LGO, roughly 50% reported dissatisfaction with the outcome. The results of this poll are similar to the previous and subsequent ones.

A number of the complainants interviewed for these polls would admittedly have lacked a valid or significant complaint, and would have expressed unjustified dissatisfaction. However, one should remember that the complainants interviewed would have already passed through an initial filter, as the LGO only investigates cases where there is prima facie evidence of maladministration with injustice. A dissatisfaction level of this order, including high levels of dissatisfaction among those whose complaints had been upheld, should therefore surely be a serious cause for concern.

The dissatisfaction statistics are even worse than the MORI poll revealed, as prior to the poll, the LGO took it upon themselves to remove 11% of the random sample selected by MORI for interview, with the excuse that the 11% of complainants removed included people who "might have been emotionally unsettled or abusive if contacted". The LGO was permitted to exclude this 11% at its own complete discretion. When I tried to find out from MORI what proportion of this figure was represented by what the LGO claimed to be potentially "unsettled or abusive" complainants, I was told MORI had no breakdown by category available. As the interviews were conducted by telephone, with the interviewers therefore safe from personal danger, I was very concerned indeed to hear that such a potentially large sample was removed at the LGO’s compete discretion, and in my view without justification. I believe therefore that the potentially "emotionally unsettled and abusive" complainants were mostly people who were understandably very angry at how unjustly they had been treated by the LGO, or else simply people the LGO knew had been stitched up, and that the motivation for their removal from the interview sample was a damage limitation exercise on the part of the LGO.

Following the 1999 Customer Satisfaction Survey, there have been two further quantitative-type customer satisfaction surveys, and each time the LGO has removed more and more complainants from the sample selected for interview. For the survey following the 1999 one, the LGO removed 14% of the sample. For the subsequent survey, the LGO removed 18% of the sample. There is overwhelming evidence of significant and increasing statistical manipulation, and it is very disheartening that the Communities and Local Government Select Committee (Twitter: @CommonsCLG)  has allowed the LGO continue behaving in this way with impunity.

The LGO’s own published statistics prove an under-reporting of maladministration. The majority of cases of maladministration are reported as ‘local settlements’. This is a euphemism. Where the LGO finds that a council is guilty of bad practice, and the council agrees to comply with his remedy, or volunteers to put things right during the investigation, regardless of the harm the complainant has been caused or the seriousness of the maladministration in question, the LGO officially terminates the investigation, and reports the maladministration as a ‘local settlement’. It is hardly a settlement in the usual sense of the word at all, because the complainant is unable to reject a settlement imposed by the LGO if the council agrees to it. On the other hand, the council has no legal obligation to accept any settlement suggested to them by the LGO. The local settlements are beyond any question still cases of maladministration, as the former ombudsman, Mr White, attested in his oral evidence during the 2005 evidence session. They are just not reported as such by the LGO when a council agrees to its "remedy". This results in under-reporting of local authority maladministration on a grand scale. The LGO generally only applies the term ‘maladministration’ if a council refuses to comply with the local settlement requested. When this happens, the LGO publishes a report. This is the punishment for a member not playing by the rules of the Old Boys' Club and jeopardising the whole edifice of privilege and subterfuge in the process.

Maladministration cannot become ‘non-maladministration’ just because a council agrees to comply with a remedy. The LGO logically cannot request that the council agree to a ‘local settlement’ unless he has determined that maladministration has taken place. Indeed, as noted above, Mr White admitted that ‘local settlements’ were cases of maladministration.
This misreporting of the true levels of maladministration results in the public receiving heavily massaged figures regarding the actual frequency of maladministration committed by their local authorities. This in turn encourages councils to commit maladministration with impunity, as they know it is very unlikely it will ever be reported as such in the media, and they also know that the LGO does all it can to keep its friends running local authorities off the hook.

As an example, in the LGO’s report for 2003/4, for every one case of maladministration reported (i.e. normally, where the council has refused to accept the LGO’s ‘local settlement’ proposal), there were a further nineteen cases of maladministration hidden in the ‘local settlements’ statistics. (Of the 11,600 complaints submitted that the LGO regarded prima facie as representing ‘maladministration with injustice’ in 2003/4, the LGO reported that only 180 cases (1.6 %) represented maladministration. There were however a further 3,368 cases (29%) of maladministration reported merely as 'local settlements'. The former Ombudsman, Jerry White, confirmed at the 2005 Select Committee evidence session that these further cases also represented maladministration.)

The investigating and adjudicating staff at the LGO, including the senior staff, are mostly recruited from local government. They are far too emotionally and professionally connected with local councils to be investigating them impartially. The Ombudsmen themselves, at the time when I ran LGO Watch, were usually former Chief Executive Officers of local authorities. In that former role, they would obviously have experienced findings of maladministration against their own councils - even if they were only described as ‘local settlements’ - and it is hard to believe they did not have an inappropriate degree of sympathy and identification with the CEOs of councils the LGO was investigating.

The LGO has been allowed by the select committee overseeing them - now called the Communities and Local Government Committee - to behave with impunity, and that has reinforced bad practice and led to a great deal of injustice being committed against UK citizens, some of whom are in a desperate situation, and have been seriously wronged, by the time they make a complaint to the local government ombudsman. There is no adequate mechanism for appealing against a finding of the LGO. Judicial reviews are only available to the wealthy. Even then, only very rarely is it possible to bring a successful challenge against the LGO via this route. There seems to be a great deal of resistance in the senior judiciary to challenging the judgment of the LGO. Even if a judicial review was upheld, the judges only have the authority to ask the LGO to take another look at his decision. For anyone pursuing this futile process, the legal costs costs can be astronomical.

Where the LGO requests a ‘local settlement’, this usually involves very paltry sums of compensation that do not properly reflect the harm and suffering caused to the complainant. Ironically, it is local taxpayers who have to foot the bill for these local settlements. I believe that, in many cases, complainants would be happy to do without these compensation payments if instead they had a proper acknowledgment of the injustice they have been caused. This acknowledgment should take the form of a clear finding of maladministration that is not disguised by any euphemism, and should be accompanied by an instruction to the council that it put things right for the complainant in practical terms. The council would then be better motivated to good practice by the knowledge that any finding of maladministration will be reported as such by the LGO and potentially by the media, and the public would then have a better idea of the extent of maladministration being committed by local councils.

At the moment, most complainants to the LGO, including those with compelling evidence, have their complaints dismissed. The LGO currently has absolute discretion to discontinue an investigation, and to offer any excuse or subterfuge for doing so that comes to mind, or none. The LGO also tends to accept the word of local councils without demanding evidence, whilst ignoring evidence provided by the complainant. The LGO is a biased and profoundly unjust institution that actively works against the good citizen. It is an ugly distortion of what it was set up in 1974 to be. It exists to preserve its own interests, the interests of local authorities, and the interests of its cross-party political supporters in Parliament, all of whom have a vested interest in continuing to disguise the full extent of maladministration and bad practice being committed by local authorities, whatever political party happens to be governing them. (I am a member of the Conservative Party, and am still waiting for my own Party to address the problem of the LGO, after suffering several years of the previous Labour Government ignoring the injustice and actively obstructing the efforts of LGO Watch to expose the LGO and encourage reform.)

When someone who has been treated unjustly by a local authority takes their case to the LGO, and the LGO takes the side of that local authority, the individual who is the now the victim of two tiers of injustice can be effectively silenced by their local authority, which is now able to claim to anyone who asks that the LGO has found in their favour. The complainant therefore ends up in an even worse situation than the one in which they found themself prior to taking their complaint to the LGO.

One thing the Local Government Ombudsman is good at, and which is facilitated by the £20 million per annum of taxpayers' money they receive, is whitewashing their own bad practice and the misery and suffering they cause to so many people. Since LGO Watch was founded in 2003, they have had to expend a lot of money and energy covering up the maladministration they themselves commit, and spin-doctoring their way foward in an attempt to preserve their privileges and the privileges of the very highly-paid local authority CEOs whose councils are guilty of bad practice against taxpayers. 


If you have an interest in the LGO for any reason, and have not been taken in by their spin, a good website to visit is this one, and I would recommend first reading the LGO's Fifteen Pillars of Injustice.

The Local Government Ombudsman has now taken its spin-doctoring campaign onto Twitter at @LGOmbudsman and are now using #LGOlive to advance their spin-doctoring PR "Advisory Forum".

Gary Powell

© Gary Powell, 2013