Committee of Privileges

The 26 November 2025 oral-evidence session examined a constitutional dispute between the Charity Commission and the Parliamentary and Health Service Ombudsman (PHSO) over the latter’s decision to lay a special report before Parliament. Key issues included the statutory basis and limits of PHSO powers under the Parliamentary Commissioner Act 1967, the difference between special reports (section 10(3)) and ordinary reports (section 10(1)), and parliamentary privilege in the context of anticipated or ongoing litigation. The witnesses described mediation in 2024, a 14 March 2025 court action by the Charity Commission to challenge the PHSO decision, and the House of Commons’ order on 4 September 2025 requiring the laying of the report. There was clear disagreement about jurisdiction and remit: the Charity Commission argued the PHSO had overstepped its remit by re-opening or re-interpreting criminal matters, while the PHSO argued that its determinations and the laying of reports are matters of parliamentary accountability. The Commission noted it had paid compensation and apologised in 2024 following PHSO recommendations. The session highlighted ongoing court proceedings with a January 2026 permission hearing date and potential implications for how Parliament and the courts interact in questions of privilege and regulatory remit.