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Information Manual (S15)

Appendix 1 - Principles of Good Administration

(The following principles were set out by the Ombudsman in his Annual Report for 1994)

In exercising their powers, including those of decision making, whether discretionary or otherwise, public bodies should ensure that the following basic principles are adhered to:

- powers must only be used for the specific purpose for which they are given;

- powers must be applied with objectivity and impartiality - factors not relevant to the particular case must be disregarded;

- unfair discrimination must be avoided - like cases must be treated in like manner;

- public bodies must ensure that an appropriate balance is achieved particularly in relation to any penalties or adverse effect - known as the principle of proportionality; this may be of particular interest where a body must decide between the needs of the common good and the rights of a particular individual;

- public bodies must avoid undue delay - particularly in cases where practical difficulties may arise for the individual as a result or where uncertainty may be created;

- public bodies must have available general administrative guidelines to which the public at large may refer;

- in addition, where discretionary powers are involved, public bodies must ensure that they are exercised in a reasonable manner having regard to the foregoing principles, all the circumstances of the particular case and without any undue fettering of their actual discretion e.g. by exclusion of classes of persons from eligibility for services or otherwise.

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