Apologies without legal liability recommendation

MSP backs Public Services Ombudsman's call for more public sector apologies

News, 21 March 2008

Labour MSP Karen Gillon is to raise a member's bill giving public service bosses the option of saying sorry without admitting legal liability.

Ms Gillon's plans follow recommendations made by Scottish Public Services Ombudsman Professor Alice Brown in her latest commentary on cases before her, issued this week. Professor Brown said that many of the rulings she made in the last year concerned health boards where patients and families were looking for apologies for the wrong treatment or decisions, but not necessarily financial compensation.

Among other rulings, Professor Brown told NHS Ayrshire and Arran to apologise to the family of a 91-year-old man after catheterising him without his consent, deciding not to hydrate him artificially, transferring him to another hospital and failing to communicate properly with his family.

Professor Brown said that while many people might see apologies as less significant than recommendations for changes in training or policies, a full explanation of what happened and a sincere apology went a long way towards rebuilding trust between the public and health professionals.

Ms Brown had been planning a member's bill in the last parliament that would remove legal liability from public service heads who wanted to apologise. She said she would restart that process.

Amenity concerns

In her commentary (available on www.spso.org.uk) the Ombudsman also states that she is "increasingly concerned" at the number of issues regarding privacy and residential amenity that come before her, especially in connection with overlooking and intervisible windows.

She notes that the public generally have a higher expectation of privacy considerations than planning law allows without the adoption of specific policies by local authorities, and the Scottish Government has no formal guidance.

"I shall continue to monitor the number of complaints brought to my office about the issue and, if appropriate, consider what action to recommend to address the problems raised by the lack of formal guidance."