William Reid (civil servant)
Encyclopedia
Sir William Kennedy Reid KCB is a retired civil servant who was Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales (Parliamentary and Health Service Ombudsman) between 1990 and 1996.
Reid was born in Aberdeen
in 1931 and was educated at Robert Gordon's College
. He studied at Edinburgh University and Trinity College, Cambridge
where he achieved first-class honours in Classics
.
Between 1952 and 1954, Reid did national service
in the British Army
before joining the Ministry of Education
in 1956. He moved to the Cabinet Office
in 1964 and served as Secretary to the Cabinet Secretary, Sir Burke Trend
. During this time, Reid played a modest role in helping to develop the Office of Parliamentary Ombudsman. In 1967, he became secretary of the Council for Scientific Policy before moving to the Department of Education and Science
, becoming Under Secretary
in 1974 and then Accountant-General in 1976. Reid moved to the Scottish Office
in 1978 as Deputy Secretary of Central Services and then Secretary of the Scottish Home and Health Department between 1984 and 1990. He was also Chairman of Governors of the Scottish Police College between 1984 and 1990.
. He came to the Office when it was flushed with the success of the Barlow Clowes investigation, which crowned an otherwise quiet decade in which fewer MPs were referring cases. Reid oversaw a dramatic upswing in caseload during his tenure - from 704 complaints in 1990 to 1,920 in 1996, the largest annual total in the history of the Office. Yet the Office did not keep up with this growth, and the number of outstanding cases grew considerably. The remit of the Ombudsman extended appreciably, to incorporate administrative actions of persons appointed by the Lord Chancellor
as a member of court administrative staff. The Office also had numerous tribunals brought within its jurisdiction, as well as bodies such as the National Lottery
, the Coal Authority
, The Environment Agency and the Rail Regulator
.
Reid chose to expand on the meaning of the term maladministration
, a term given no definition in the Parliamentary Commissioner Act 1967
in his annual report of 1993. He observed that to define maladministration is to limit it and extended the 'Crossman
catalogue' (as set out in 1966) to include
rudeness; an unwillingness to treat an individual as a person with rights; a refusal to answer reasonable questions; neglecting to inform an individual on request of his or her rights or entitlement; knowingly giving advice which is misleading or inadequate; ignoring valid advice or overruling considerations which would produce an uncomfortable result for the person overruling; offering no redress or manifestly disproportionate redress; showing bias whether because of colour, sex, or any other grounds; an omission to notify those who thereby lost a right of appeal; a refusal to inform adequately of the right of appeal; faulty procedures; the failure to monitor compliance with adequate procedures; cavalier disregard of guidance which was intended to be followed in the interest of the equitable treatment of those who use a service; partiality; and failure to mitigate the effects of rigid adherence to the letter of the law where that produces manifestly inequitable treatment.
Reid's addendum made apparent his belief that maladministration should be interpreted very broadly and that it should not be interpreted in a way that disadvantaged the complainant.
Some notable cases were investigation during Reid's time as Ombudsman. A widely publicised statement by the Parliamentary Under Secretary for Health, Edwina Currie
, that "most of the egg prodcution" of the country was "sadly... infected with Salmonella" sparked a collapse in the price of eggs and confidence crisis in the industry in December 1988. The Government introduced a compensation scheme and a farmer complained that the Ministry of Agriculture, Fisheries and Food
(MAFF) had changed the basis of awarding compensation after giving him what he regarded as an unsatisfactory amount. Reid found that MAFF had not made its decisions on the basis of evidence, had been evasive when questioned about the basis on which compensation was determined and had unreasonably concluded that the complainant's case was closed. In consequence, MAFF apologised and agreed to pay compensation to the complainant.
Reid received many complaints of maladministration by the Child Support Agency
, which had been set up in 1993 to assess, collect and enforce child support maintenance. Such was the volume of complaints that Reid took the unprecedented step of not investigating individual complaints unless they involved an aspect of the Agency's work which was previously unknown or involved actual financial loss. Reid uncovered a litany of administrative woes when he reported in 1995: mistaken identity, inadequate procedures, failure to answer correspondence, incorrect or misleading advice, delay in the assessment and review of child support maintenance, and in its payment to the parent with care. Complaints about the Agency continued to reach the Office, making up a third of all cases admitted for investigation. Reid reported again in March 1996, finding that shortcomings continued to occur. The Select Committee criticised the Agency for failing to heed the advice of Reid's reports.
It was necessary for Reid to lay a report under s10(3) Parliamentary Commissioner Act 1967
when the Government refused to accept his findings in respect of complaints about blight caused by the construction of the Channel Tunnel Rail Link
. Residents in Kent complained that the handling of the project by the Department of Transport
had caused the value of their properties to depreciate to the extent that they could not sell them. In February 1995, Reid issued his report, finding that the Department had maladministered in not considering the effects of its policy on those affected by it. Reid commented that the project had been kept in limbo, increasing uncertainty and blight. The Government did not accept the findings but after the Select Committee intervened on the side of the Ombudsman, it decided to reconsider whether to establish a compensation scheme out of respect for the PCA Select Committee and the office of the Parliamentary Commissioner. Nevertheless, the Government refused to admit fault or liability and ultimately, 28 applicants received £10,000 in compensation.
on the basis of the internal market principles introduced by the Government. After 1994, the work of the Office under Reid was dominated by the decision of the Government to establish a unified complaints system for the National Health Service
and to extend the jurisdiction of the Ombudsman to encompass matters of clinical judgment.
Successive Ombudsmen had expressed misgivings that such a large proportion of complaints received about health authorities concerned clinical judgment. Although there was often a thin line between clinical and administrative decisions, Reid undertook to press his jurisdiction as far as he could. In 1993, the Wilson Committee recommended that the Government carefully examine whether the Ombudsman ought to consider complaints about clinical judgment. In 1995, the Government published its proposals which incorporated the suggestion of the Wilson report. The subsequent Health Service Commissioners (Amendment) Act 1996 which enabled the Ombudsman to investigate clinical judgment received all-party support. Reid oversaw the Office's adaptation to the new legislation. The task was complicated considerably by its unpredictable effects on caseload. Precise figures for extra workload arising from my wider jurisdiction observed Reid, are impossible to predict. Reid also undertook to recruit and train the additional staff necessary to cope with the increased workload and extended remit. Reid laid down that the Office's clinical advisers would be expected to have due regard to all professional guidance in determining what a reasonable and responsible clinical decision and reach their conclusions on the balance of probabilities. When Reid departed the Office, it was well placed to handle the dramatically increasing workload which would soon be dominated by matters of clinical judgment.
Reid also undertook an investigation of the complaints handling system of the Salford Royal Hospitals Trust. Reid described Salford as useful peg on which a whole report about the NHS could be hung upon. An unprecedented number of complaints had been received about Salford. Reid concluded damningly that Incoming and outgoing letters went astray. Doctors did not always respond to requests... as quickly as they should have done. It took too long to reply to complaints... no real thought appeared to have been given to measures which might improve service and reduce the pressure on staff. The Select Committee recommended that Reid's report be used throughout the NHS for the training of new staff in the complaints procedure.
Reid's elaboration on the meaning of maladministration served to remind public authorities that the interpretation of the term would not be to the disadvantage of the complainant and that the Office expected the highest standards of public administration.
Reid also assiduously cultivated relationships with ombudsmen
overseas, becoming a director of the International Ombudsman Institute
between 1992 and 1996.
in 1997. He was also appointed Chairman of the Advisory Committee on Distinction Awards for doctors and dentists. He served in both roles until 2000.
Reid's book, Resolving complaints and promoting openness: Can the ombudsman help?, was published in 1998.
Reid was Sydenham Lecturer of the Worshipful Society of Apothecaries of London in 1994, the Crookshank Lecturer of the Royal College of Radiologists
in 1994 and the John Hunt Lecturer of the Royal College of General Practitioners
in 1996.
Latin and hill walking are among Reid's recreational pursuits.
Reid was born in Aberdeen
Aberdeen
Aberdeen is Scotland's third most populous city, one of Scotland's 32 local government council areas and the United Kingdom's 25th most populous city, with an official population estimate of ....
in 1931 and was educated at Robert Gordon's College
Robert Gordon's College
Robert Gordon's College is a private co-educational day school in Aberdeen, Scotland. The school caters for pupils from Nursery-S6.-History:...
. He studied at Edinburgh University and Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
where he achieved first-class honours in Classics
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
.
Between 1952 and 1954, Reid did national service
National service
National service is a common name for mandatory government service programmes . The term became common British usage during and for some years following the Second World War. Many young people spent one or more years in such programmes...
in the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
before joining the Ministry of Education
Ministry of Education
Several countries have government departments named the Ministry of Education or the Ministry of Public Education. The first such ministry ever is considered to be the Commission of National Education Several countries have government departments named the Ministry of Education or the Ministry of...
in 1956. He moved to the Cabinet Office
Cabinet Office
The Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
in 1964 and served as Secretary to the Cabinet Secretary, Sir Burke Trend
Burke Trend, Baron Trend
Burke St John Trend, Baron Trend, GCB, CVO, PC was a British civil servant and later Rector of Lincoln College, Oxford....
. During this time, Reid played a modest role in helping to develop the Office of Parliamentary Ombudsman. In 1967, he became secretary of the Council for Scientific Policy before moving to the Department of Education and Science
Department of Education and Science
The phrase Department of Education and Science refers to government departments in the UK or Ireland* For the former Irish government department, see Department of Education and Skills...
, becoming Under Secretary
Under Secretary
-In the United Kingdom:*Under-secretary*Parliamentary Under-Secretary of State*Under-Secretary of State for India*Under-Secretary of State for Scotland*Under-Secretary for Ireland*Under-Secretary of State for War and the Colonies*Under-Secretary of State for War...
in 1974 and then Accountant-General in 1976. Reid moved to the Scottish Office
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
in 1978 as Deputy Secretary of Central Services and then Secretary of the Scottish Home and Health Department between 1984 and 1990. He was also Chairman of Governors of the Scottish Police College between 1984 and 1990.
Parliamentary investigations
In 1990, Reid was the first civil servant to be appointed to the post of Ombudsman since Sir Idwal PughIdwal Pugh
Sir Idwal Vaughan Pugh CB KCB was a civil servant who was Permanent Secretary at the Welsh Office and distinguished himself as Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales .-Early life and war service:Pugh was born in 1918 in Blaenau...
. He came to the Office when it was flushed with the success of the Barlow Clowes investigation, which crowned an otherwise quiet decade in which fewer MPs were referring cases. Reid oversaw a dramatic upswing in caseload during his tenure - from 704 complaints in 1990 to 1,920 in 1996, the largest annual total in the history of the Office. Yet the Office did not keep up with this growth, and the number of outstanding cases grew considerably. The remit of the Ombudsman extended appreciably, to incorporate administrative actions of persons appointed by the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
as a member of court administrative staff. The Office also had numerous tribunals brought within its jurisdiction, as well as bodies such as the National Lottery
National lottery
National Lottery may refer to:*National Lottery , the state lottery of Ireland*National Lottery , the state franchised in the United Kingdom...
, the Coal Authority
Coal Authority
The Coal Authority is a non-departmental public body of the United Kingdom government.-History:It was established under the Coal Industry Act 1994 to manage certain functions previously undertaken by the British Coal Corporation , including ownership of unworked coal.It is situated in the south of...
, The Environment Agency and the Rail Regulator
Rail Regulator
The Rail Regulator was a statutory office, created with effect from 1 December 1993 by section 1 of the Railways Act 1993, for the independent economic regulation of the British railway industry....
.
Reid chose to expand on the meaning of the term maladministration
Maladministration
Maladministration is a political term which describes the actions of a government body which can be seen as causing an injustice.The law in the United Kingdom says Ombudsman must investigate ‘maladministration’...
, a term given no definition in the Parliamentary Commissioner Act 1967
Parliamentary Commissioner Act 1967
The Parliamentary Commissioner Act 1967 is an Act of the Parliament of the United Kingdom.It established the office of the Parliamentary Commissioner for Administration . The Ombudsman is responsible for investigating the administrative actions of central government departments and public...
in his annual report of 1993. He observed that to define maladministration is to limit it and extended the 'Crossman
Richard Crossman
Richard Howard Stafford Crossman OBE was a British author and Labour Party politician who was a Cabinet Minister under Harold Wilson, and was the editor of the New Statesman. A prominent socialist intellectual, he became one of the Labour Party's leading Zionists and anti-communists...
catalogue' (as set out in 1966) to include
rudeness; an unwillingness to treat an individual as a person with rights; a refusal to answer reasonable questions; neglecting to inform an individual on request of his or her rights or entitlement; knowingly giving advice which is misleading or inadequate; ignoring valid advice or overruling considerations which would produce an uncomfortable result for the person overruling; offering no redress or manifestly disproportionate redress; showing bias whether because of colour, sex, or any other grounds; an omission to notify those who thereby lost a right of appeal; a refusal to inform adequately of the right of appeal; faulty procedures; the failure to monitor compliance with adequate procedures; cavalier disregard of guidance which was intended to be followed in the interest of the equitable treatment of those who use a service; partiality; and failure to mitigate the effects of rigid adherence to the letter of the law where that produces manifestly inequitable treatment.
Reid's addendum made apparent his belief that maladministration should be interpreted very broadly and that it should not be interpreted in a way that disadvantaged the complainant.
Some notable cases were investigation during Reid's time as Ombudsman. A widely publicised statement by the Parliamentary Under Secretary for Health, Edwina Currie
Edwina Currie
Edwina Jonesnée Cohen is a former British Member of Parliament. First elected as a Conservative Party MP in 1983, she was a Junior Health Minister for two years, before resigning in 1988 over the controversy over salmonella in eggs...
, that "most of the egg prodcution" of the country was "sadly... infected with Salmonella" sparked a collapse in the price of eggs and confidence crisis in the industry in December 1988. The Government introduced a compensation scheme and a farmer complained that the Ministry of Agriculture, Fisheries and Food
Ministry of Agriculture, Fisheries and Food
The Ministry of Agriculture, Fisheries and Food was a United Kingdom government department created by the Board of Agriculture Act 1889 and at that time called the Board of Agriculture, and then from 1903 the Board of Agriculture and Fisheries, and from 1919 the Ministry of Agriculture and Fisheries...
(MAFF) had changed the basis of awarding compensation after giving him what he regarded as an unsatisfactory amount. Reid found that MAFF had not made its decisions on the basis of evidence, had been evasive when questioned about the basis on which compensation was determined and had unreasonably concluded that the complainant's case was closed. In consequence, MAFF apologised and agreed to pay compensation to the complainant.
Reid received many complaints of maladministration by the Child Support Agency
Child Support Agency
The Child Support Agency is a delivery arm of the Child Maintenance and Enforcement Commission in Great Britain and the Department for Social Development in Northern Ireland...
, which had been set up in 1993 to assess, collect and enforce child support maintenance. Such was the volume of complaints that Reid took the unprecedented step of not investigating individual complaints unless they involved an aspect of the Agency's work which was previously unknown or involved actual financial loss. Reid uncovered a litany of administrative woes when he reported in 1995: mistaken identity, inadequate procedures, failure to answer correspondence, incorrect or misleading advice, delay in the assessment and review of child support maintenance, and in its payment to the parent with care. Complaints about the Agency continued to reach the Office, making up a third of all cases admitted for investigation. Reid reported again in March 1996, finding that shortcomings continued to occur. The Select Committee criticised the Agency for failing to heed the advice of Reid's reports.
It was necessary for Reid to lay a report under s10(3) Parliamentary Commissioner Act 1967
Parliamentary Commissioner Act 1967
The Parliamentary Commissioner Act 1967 is an Act of the Parliament of the United Kingdom.It established the office of the Parliamentary Commissioner for Administration . The Ombudsman is responsible for investigating the administrative actions of central government departments and public...
when the Government refused to accept his findings in respect of complaints about blight caused by the construction of the Channel Tunnel Rail Link
Channel Tunnel Rail Link
High Speed 1 , officially known as the Channel Tunnel Rail Link and originally as the Continental Main Line , is a high-speed railway line running from London through Kent to the British end of the Channel Tunnel.The line was built to carry international passenger traffic from the United Kingdom...
. Residents in Kent complained that the handling of the project by the Department of Transport
Department for Transport
In the United Kingdom, the Department for Transport is the government department responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland which are not devolved...
had caused the value of their properties to depreciate to the extent that they could not sell them. In February 1995, Reid issued his report, finding that the Department had maladministered in not considering the effects of its policy on those affected by it. Reid commented that the project had been kept in limbo, increasing uncertainty and blight. The Government did not accept the findings but after the Select Committee intervened on the side of the Ombudsman, it decided to reconsider whether to establish a compensation scheme out of respect for the PCA Select Committee and the office of the Parliamentary Commissioner. Nevertheless, the Government refused to admit fault or liability and ultimately, 28 applicants received £10,000 in compensation.
Health investigations
Reid was Health Service Ombudsman at a time of significant organisational change for the National Health ServiceNational Health Service
The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
on the basis of the internal market principles introduced by the Government. After 1994, the work of the Office under Reid was dominated by the decision of the Government to establish a unified complaints system for the National Health Service
National Health Service
The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
and to extend the jurisdiction of the Ombudsman to encompass matters of clinical judgment.
Successive Ombudsmen had expressed misgivings that such a large proportion of complaints received about health authorities concerned clinical judgment. Although there was often a thin line between clinical and administrative decisions, Reid undertook to press his jurisdiction as far as he could. In 1993, the Wilson Committee recommended that the Government carefully examine whether the Ombudsman ought to consider complaints about clinical judgment. In 1995, the Government published its proposals which incorporated the suggestion of the Wilson report. The subsequent Health Service Commissioners (Amendment) Act 1996 which enabled the Ombudsman to investigate clinical judgment received all-party support. Reid oversaw the Office's adaptation to the new legislation. The task was complicated considerably by its unpredictable effects on caseload. Precise figures for extra workload arising from my wider jurisdiction observed Reid, are impossible to predict. Reid also undertook to recruit and train the additional staff necessary to cope with the increased workload and extended remit. Reid laid down that the Office's clinical advisers would be expected to have due regard to all professional guidance in determining what a reasonable and responsible clinical decision and reach their conclusions on the balance of probabilities. When Reid departed the Office, it was well placed to handle the dramatically increasing workload which would soon be dominated by matters of clinical judgment.
Reid also undertook an investigation of the complaints handling system of the Salford Royal Hospitals Trust. Reid described Salford as useful peg on which a whole report about the NHS could be hung upon. An unprecedented number of complaints had been received about Salford. Reid concluded damningly that Incoming and outgoing letters went astray. Doctors did not always respond to requests... as quickly as they should have done. It took too long to reply to complaints... no real thought appeared to have been given to measures which might improve service and reduce the pressure on staff. The Select Committee recommended that Reid's report be used throughout the NHS for the training of new staff in the complaints procedure.
Overview
Although the period of Reid's tenure as Health Service Ombudsman was one in which there was enormous changes within the National Health Service (what Reid called a state of flux), it has been observed that the Office came through the state of flux and emerged not only intact but significantly strengthened.Reid's elaboration on the meaning of maladministration served to remind public authorities that the interpretation of the term would not be to the disadvantage of the complainant and that the Office expected the highest standards of public administration.
Reid also assiduously cultivated relationships with ombudsmen
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
overseas, becoming a director of the International Ombudsman Institute
International Ombudsman Institute
The International Ombudsman Institute was established in 1978 as an independent global organisation to help more than 150 independent local, regional and national Ombudsman institutions to cooperate...
between 1992 and 1996.
Post-Ombudsman
Following his service as Ombudsman, Reid was appointed Chairman of the Mental Welfare Commission for ScotlandMental Welfare Commission for Scotland
The Mental Welfare Commission for Scotland is an independent statutory body established to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health Act 2003 or the Adults with Incapacity Act 2000.It enquires into cases of alleged ill...
in 1997. He was also appointed Chairman of the Advisory Committee on Distinction Awards for doctors and dentists. He served in both roles until 2000.
Reid's book, Resolving complaints and promoting openness: Can the ombudsman help?, was published in 1998.
Reid was Sydenham Lecturer of the Worshipful Society of Apothecaries of London in 1994, the Crookshank Lecturer of the Royal College of Radiologists
Royal College of Radiologists
The Royal College of Radiologists is the professional body responsible for the specialty of clinical oncology and clinical radiology throughout the United Kingdom. Its role is to advance the science and practice of radiology and oncology, further public education and set appropriate professional...
in 1994 and the John Hunt Lecturer of the Royal College of General Practitioners
Royal College of General Practitioners
The Royal College of General Practitioners is the professional body for general practitioners in the United Kingdom. The RCGP represents and supports GPs on key issues including licensing, education, training, research and clinical standards. It is the largest of the medical royal colleges, with...
in 1996.
Latin and hill walking are among Reid's recreational pursuits.