The role, value, and potential contribution of NIPSO in relation to asylum seekers and refugees Perceptions of NIPSO Participants generally had a positive of view of NIPSO and their relationship with the organisation. CSO5 described NIPSO as being supportive, while CSO4 said that they did not feel the ombud’s role was a “token role” but instead was capable of taking “ the bull by the horns” (CSO4). CSO8 commented that NIPSO could potentially be very important for asylum seekers and refugees in redressing power imbalances they experienced in accessing services: “… access to the ombudsman would make you feel like you had so much power, if people were willing to actually get there” (CSO8). CSO5 said that NIPSO “have been looking for ways… to play a role” in relation to asylum seeker and refugee issues and had been “more proactive” , spending time with families and following up afterwards (CSO5). PB5 said they had a positive relationship which involved providing supportive challenge, in a Northern Ireland public sector context where good relationships existed between public services and oversight bodies: “… it has been quite positive the interaction with the ombudsman; they’re asking searching questions, but they’re asking it in a very supportive way. They’re looking at it from a service improvement, not from a punitive or a challenge or a ‘we’re trying to catch you out here’ or ‘we’re trying to see what you’re not doing’. And obviously Northern Ireland being so small you tend to know people, you’ve met them… the relationship tends to be closer here” (PB5). While that relationship was helpful, it was also described as somewhat distant as NIPSO was “up there” while public services were at the “coalface”: “I suppose from our point of view the ombudsman role is much more up there, and we’re at the coalface, and there’s a big expanse in between of layers of policy and procedure and people. And I suppose that chance to actually have the conversation upwards doesn’t really happen because of the pressures on both ends” (PB5).
NIPSO’s role PB7 commented that there was a lack of clarity over the ombud’s role beyond holding services to account when individuals complained and that more systemic interventions risked replicating roles already undertaken by others: “… the role of the ombudsman in this space I think would be more helpful if it was clear what exactly the role is… If someone has not had, or has had a poor service that they are statutorily entitled to, they should most certainly be with the ombudsman and they should most certainly be taking forward their case. I’m a bit confused when it moves into then what is the ombudsman’s role in terms of does it want to be an advocate generally? Does it want to be involved in, you know, policy setting? I’m not clear then where that role begins and ends… There are many, many, many organisations, vehicles, things that do that. So what will it bring into that, that is enhancing that?... So for me, I’m not entirely clear what they want to be in that space, or what their role is, or, you know, how they would intend to actually then deliver it or do whatever it is that they feel that they would like to” (PB7). PB2 reflected on whether NIPSO could have a general role in addressing the accountability gap in the delivery of devolved ombudsman? I genuinely don’t know the answer to this… Who’s going to hold us to account? And it probably is the ombudsman plus others. But I would say that this becomes a huge piece of work if it comes into the Northern Ireland [Public Services] Ombudsman. It’s going to require an office in itself” (PB2). CSO2 said that, while they welcomed NIPSO’s interest in asylum seekers and refugee issues, they would now welcome more clarity over “where’s this all going” following a number of engagements. policies relating to asylum seekers and refugees: “Who holds TEO to account? Is that the In terms of NIPSO’s current role, PB2 concentrated on the ombud’s individual redress role in discussing the organisation: “I do think that the individual advocacy where the public service gets it wrong is critical. I think it’s really, really important, and I think if it ever gets as far as [NIPSO] then we have got it wrong... And I think that individual advocacy is critical. But should it be the ombudsman when it gets to a certain stage, yes. So, if it’s not addressed via the other structures yes” (PB2). PB6 stressed the potential value of individual cases leading to systemic change: “… there’s definitely a role for the ombudsman because I think, you know, like what often happens in law is an individual case happens and that case goes to the ombudsman and it’s the outcome of that case that changes the law or changes the legislation” (PB6). PB6 also suggested that NIPSO could act as a “lever” that could add weight to public service staff’s arguments that changes were needed: “… from my perspective, any support that we could give that would back us up in saying why we need to change this policy, having the ombudsman’s voice in there I think would be very beneficial… Obviously the ombudsman’s impartial, is seen as an impartial voice and whatever else, so it gives it that weight” (PB6).
48 | Access to Public Services and Access to Justice for Refugees and Asylum Seekers in Northern Ireland
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