‘An academic ombudsman’

Abstract

The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by judges, especially on appeal or judicial review from an ombudsman. Is ‘justice according to law’, an oxy‐moron? Examples of decisions where the law was deliberately not applied because it was not considered ‘fair and reasonable in all the circumstances’ are taken from the writer's time as Insurance (and later Pensions) Ombudsman. Will the Financial Services Ombudsman Scheme revive a newer equity or will consistency be regarded as something better than justice in the individual case?

Citation

Farrand, J. (2001), "‘An academic ombudsman’", Journal of Financial Regulation and Compliance, Vol. 9 No. 1, pp. 11-29. https://doi.org/10.1108/eb025058