Maladministration is defective public administration - failures in process, reasoning, delay, records, fairness or policy application - rather than simply a decision you dislike.
Ombudsmen use maladministration/service failure concepts to assess public bodies. The focus is usually on how the body acted: did it follow law/policy, consider relevant information, give reasons, keep proper records and act fairly and proportionately?
The complaint then needs to show injustice caused by the fault.
Key points
- Identify the expected administrative standard.
- Identify actual failure.
- Show evidence.
- Explain injustice.
- Request remedy linked to injustice.
Examples
- Unreasonable delay.
- Failure to follow policy.
- Failure to consider relevant evidence.
- Poor or missing records.
- Contradictory/unexplained decisions.
- Unfair complaint handling.
Not every error equals injustice
A minor administrative defect that made no difference may justify acknowledgment but not a substantial remedy. Explain causation and practical effect.
Look for process defects, not just an unfavourable result
A useful maladministration analysis asks how the decision was reached. Did the body use the correct policy, gather the relevant information, deal with contradictory evidence, keep an adequate record, give the person a fair opportunity to respond and explain the outcome? A decision can be substantively open to the authority yet still be badly administered if the route to it was defective. Conversely, a disappointing outcome is not maladministration merely because another decision-maker might have chosen differently.
Always connect fault to injustice
For complaint purposes, identifying poor administration is usually only half the task. Explain the practical consequence: avoidable delay, loss of a service, additional cost, uncertainty, distress, lost opportunity or the need to repeat work. That causal link helps an ombudsman decide whether a remedy is needed and what form it should take.
In practice
- Write “fault injustice remedy”.
- Use the public body’s policy and records.
- Do not turn an ombudsman complaint into a merits appeal where a statutory appeal exists.
What to do
A practical next-step plan
- Identify fault.
- Evidence it.
- Explain consequence.
- Use internal complaint.
- Escalate to correct ombudsman.
Common traps
Things that often confuse the issue
- Using “maladministration” as a buzzword.
- Ignoring statutory appeal routes.
Official sources
Check the rules behind this guide
- Carrying out a complaint investigation - PHSO
- Putting things right - PHSO
- Complaint Handling Code - LGSCO
These are official or primary sources for this topic. Rules, scheme terms and deadlines can change, so check the live source before relying on a formal time limit or procedure.