The framing of NIPSO’s powers in relation to “systemic maladministration” and “systemic injustice” has been criticised as being unduly narrow and out of keeping with the typically broader discretionary powers available to ombudspersons internationally. 17 The precise scope of the terms “systemic maladministration” and “systemic injustice” have yet to be challenged and subjected to judicial scrutiny. However, it is clear that these statutory provisions limit, to some extent, the scope of NIPSO’s discretion in terms of the range of issues that might be subject to own initiative investigation. The own initiative investigation power should not therefore be seen as one that allows any and every potential issue arising in public services to be investigated without a complaint. All ombudspersons in the UK can look at issues systemically (for example, by grouping a large number of complaints together or analysing themes from casework) and all ombudspersons can seek to ensure that their service reaches particularly vulnerable groups such as asylum seekers and refugees. However, having own initiative powers (even subject to the potential limitation noted above) provides significantly more scope for NIPSO to intervene on a systemic basis and to investigate issues from groups that are highly unlikely to complain but very likely to be experiencing inadequate access to public services. Northern Ireland therefore represents a particularly valuable site for questions to be explored about the role of ombudspersons in enhancing access to justice for vulnerable groups. Previous research relating to asylum seekers and refugees in Northern Ireland There is a limited literature focusing on the experiences of asylum seekers and refugees in Northern Ireland. There has not, to date, been specific research addressing access to complaints procedures or NIPSO. In this section, the report provides a brief summary of the key research findings that are most relevant to the aims and objectives of this project. In 2010, the National Children’s Bureau Northern Ireland, conducted research examining the needs and experiences of asylum seeking, refugee and migrant children (including unaccompanied children) in Northern Ireland. 18 Key issues identified in the research included:
• Communication and language issues (including interpretation availability and suitability, and a lack of information available to those who are supporting asylum seeking children). • Education issues (including a lack of focus on children’s non- educational needs, a lack of knowledge around the process for school admission, and difficulties for children arriving close to 16 years old and teenagers in accessing education). • Racism and prejudice (particularly experienced in public spaces and on public transport). • Social isolation and dealing with loss (children are often isolated and processing trauma). • The asylum seeking process is complex and dehumanising (this can negatively impact mental health, with children being fearful of being deported). • Structural and systemic issues (including a lack of policy direction, a lack of confidence on the part of practitioners in their ability to meet the needs of migrant children, and a lack of coordination and inter-agency working). In 2016, The Executive Office’s Racial Equality Unity commissioned Dr Fiona Murphy and Dr Ulrike M Vieten to research asylum seekers and refugees’ experience of life in Northern Ireland. 19 The research was designed to inform the development of a refugee integration strategy for Northern Ireland. The research focused on integration and included both asylum seekers and refugees’ experiences of life in Northern Ireland and their engagement with public services. The most commonly identified problems facing asylum seekers and refugees were: • A lack of legal advice in relation to the asylum claiming process. • Issues regarding the distribution of information across public services. • Poor housing and uncertainty caused by frequent housing moves. • Poor support during the transition to refugee status. • Fear of complaining to public services. • Lack of support for mental health and provision for victims of torture. • Need for information about accessing additional health services, beyond GP registration. • Need for accredited English classes with childcare provided. • A lack of data about asylum seekers and refugees gets in the way of service design and provision.
17 Both the Ombudsman Association and the International Ombudsman Institute made this point in their submissions during the passage of the Northern Ireland Public Services Ombudsman Bill. See: Gill, C. 2020. The Ombud and Own Initiative Investigation Powers. In A Manifesto for Ombudsman Reform, R Kirkham and C Gill (eds), Palgrave McMillan. 18 Geraghty, T, McStravick, C, and Mitchell, S. 2010. New to Northern Ireland A study of the issues faced by migrant, asylum seeking and refugee children in Northern Ireland. Available from: https://www.ncb.org.uk/sites/default/files/uploads/files/17%2520ntni_web_final.pdf [Accessed 9 March 2025] 19 Murphy, F., & Vieten, U. M. (2017). Asylum seekers’ and refugee’s experiences of Life in Northern Ireland: Report of the first study on the situation of asylum seekers and refugees in NI - 2016. Queen’s University Belfast.
12 | Access to Public Services and Access to Justice for Refugees and Asylum Seekers in Northern Ireland
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