Professor Richard Kirkham
School of Law
Head of School
R.M.Kirkham@sheffield.ac.uk
+44 114 222 6704
+44 114 222 6704
Bartolomé House
Full contact details
Professor Richard Kirkham
School of Law
Bartolomé House
Winter Street
Sheffield
S3 7ND
School of Law
Bartolomé House
Winter Street
Sheffield
S3 7ND
- Profile
-
My main research interest is administrative justice, with a particular specialism on the work of the ombudsman. I am a current holder of an 18 month Nuffield Foundation grant examining the procedural fairness in ombuds schemes.
I am a recognised national and international authority on the ombudsman institution after writing widely on the topic, including the book The Ombudsman Enterprise and Administrative Justice (with Trevor Buck and Brian Thompson (Ashgate, 2011)).
In 2013, I was the lead author on an independent report commissioned to review the work of the Local Government Ombudsman in England External Evaluation of the Local Government Ombudsman. In 2013 I also conducted an evaluation of the Gibraltar Ombudsman scheme - A Review of the Gibraltar Public Services Ombudsman.
In 2007 I was the author of a Parliamentary Paper on the Parliamentary Ombudsman’s 40th anniversary, The Parliamentary Ombudsman: Withstanding the test of time.
My work has been widely cited, for instance in the Law Commission’s 2008 and 2010 reports on 'Administrative Redress: Public Bodies and the Citizen' and its later work on "Public Services Ombudsmen". For the 2014 REF exercise my combined work was submitted as one of the School of Law’s impact studies.
In 2015, I received a Faculty of Social Sciences Teaching Excellence in Social Sciences (TESS) award for outstanding learning and teaching. In recent years I have become a regular blogger and can be followed on twitter.
Previously, I studied Law at Southampton University (LLB), Socio-Legal Studies at the University of Sheffield (MA) and completed a PhD in Law, also at the University of Sheffield. I have worked as a lecturer at the University of Sheffield since 2001, and before that was employed by the Audit Commission.
- Qualifications
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- PhD, University of Sheffield
- MA Socio-Legal Studies, University of Sheffield
- LLB Law, University of Southampton
- Research interests
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- Ombudsman
- Constitutional Theory
- Administrative Justice
- ADR
I was formerly the Director of the Centre for the Study of Law in Society.
- Publications
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Books
- A Manifesto for Ombudsman Reform. Springer International Publishing.
- Research Handbook on the Ombudsman. Edward Elgar Publishing.
- The ombudsman enterprise and administrative justice.
- The ombudsman enterprise and administrative justice.
- The Ombudsman Enterprise and Administrative Justice. Routledge.
- The Ombudsman Enterprise and Administrative Justice. Routledge.
Edited books
- Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review..
Journal articles
- Understanding how and when change occurs in the administrative justice system: the ombudsman/ tribunal partnership as a catalyst for reform?. Journal of Social Welfare and Family Law, 42(2), 253-273.
- The common law theory and practice of the ombudsman/judiciary relationship. Common Law World Review. View this article in WRRO
- A content analysis of judicial decision-making, 329-341.
- The Procedural Fairness Limitations of Fitness to Practise Hearings: a case study into social work. Legal Studies, 39(2), 339-357. View this article in WRRO
- Judicial review, litigation effects and the ombudsman. Journal of Social Welfare and Family Law, 40(1), 110-125.
- JR55, judicial strategy and the limits of textual reasoning. Public Law(1), 46-62. View this article in WRRO
- Monitoring, Inspection and Complaints Adjudication in Prison: The Limits of Prison Accountability Frameworks. The Howard Journal of Crime and Justice, 55(4), 432-454. View this article in WRRO
- Making sense of the case law on Ombudsman schemes. Journal of Social Welfare and Family Law, 38(2), 211-227. View this article in WRRO
- The ombudsman, tribunals and administrative justice section: a 2020 vision for the ombudsman sector. Journal of Social Welfare and Family Law, 38(1), 103-114. View this article in WRRO
- A Welsh Twist on Constitutional Watchdogs. Cambrian Law Review.
- Evolving standards in the complaints branch. Journal of Social Welfare and Family Law, 36(2), 190-207.
- Designing an English Public Services Ombudsman. Journal of Social Welfare and Family Law, 36(3), 330-348. View this article in WRRO
- Ombudsmen, Tribunals and Administrative Justice Section. Journal of Social Welfare and Family Law, 34(1), 87-89.
- The Ombudsman, Tribunals and Administrative Justice Section. Journal of Social Welfare and Family Law(1), 71-73.
- Implementing the recommendations of an ombudsman … again. Journal of Social Welfare and Family Law, 33(1), 71-83.
- Time for a ‘Leggatt’ style review of the ombudsman system. Public Law, 20-29.
- Administrative Justice in Context: A manifesto for further study. Modern Law Review, 74(4).
- Ombudsman section: lessons from devolution. Journal of Social Welfare and Family Law, 32(3), 325-334.
- Complaint and Grievance Mechanisms in International Law: One Piece of the Accountability Jigsaw?. New Zealand Yearbook of International Law, 179-206.
- Quangos, Coalition Government and the ombudsmen. Journal of Social Welfare and Family Law(4), 411-421.
- Lessons from devolution. Journal of Social Welfare and Family Law(3), 325-334.
- Scottish thinking on Administrative Justice. Journal of Social Welfare and Family Law, 31(3), 299-308.
- Putting the Ombudsman into Constitutional Context. Parliamentary Affairs, 62(4), 600-617.
- A new Scottish approach to administrative justice. Journal of Social Welfare and Family Law(3), 299-308.
- The Constitutional Role of the Ombudsman. The International Ombudsman Year Book, 10, 120-140.
- Explaining the lack of enforcement power possessed by the ombudsman. Journal of Social Welfare and Family Law(3), 253-263.
- Quiet moves towards proportionate dispute resolution: The Law Commission's consultation paper on administrative redress. Journal of Social Welfare and Family Law(2), 163-174.
- Human rights and the ombudsmen. Journal of Social Welfare and Family Law, 30(1), 75-83.
- Human Rights and the Ombudsmen – 2005-06. Journal of Social Welfare and Family Law(1), 75-83.
- When Putting Things Right Goes Wrong: Enforcing the Recommendations of the Ombudsman. Public Law, 510-530.
- New legislation, court cases, Parliamentary reports and an anniversary: A Review of the Public Sector Ombudsmen – 2006-07. Journal of Social Welfare and Family Law(3/4), 319-330.
- Housing Allocation, Homelessness, Special Reports and the Ombudsmen. Journal of Social Welfare and Family Law, 28(2), 201-210.
- A Review of the Public Sector Ombudsmen – 2005-06. Journal of Social Welfare and Family Law(3/4), 347-358.
- Challenging the authority of the Ombudsman: The Parliamentary Ombudsman’s special report on wartime detainees. Modern Law Review, 792-818.
- The EU: a role model for regional governance?. European Public Law, 3, 403-431.
- Housing Allocation, Homelessness, Special Reports and the Ombudsmen. Journal of Social Welfare and Family Law(2), 189-198.
- Finally, Reform is on its Way. Journal of Social Welfare and Family Law(1), 81-86.
- Auditing by stealth? Special Reports and the Ombudsman. Public Law, 740-748.
- A complainant’s view of the Local Government Ombudsman. Journal of Social Welfare and Family Law(3/4), 381-392.
- Reforming the Tribunal Sector. Journal of Social Welfare and Family Law(2), 185-197.
- The Ombudsmen of Northern Ireland, Scotland and Wales. Journal of Social Welfare and Family Law(1), 79-90.
- Ombudsman section. Journal of Social Welfare and Family Law, 26(4), 417-429.
- Ombudsman section. Journal of Social Welfare and Family Law, 26(3), 301-311.
- Ombudsman's section. A Year in the Life of the Parliamentary Ombudsman. Journal of Social Welfare and Family Law, 26(1), 89-98.
- Ombudsman section. Journal of Social Welfare and Family Law, 26(2), 181-194.
- The latest from the UK Ombudsmen. Journal of Social Welfare and Family Law(4), 417-429.
- Prevention is better than litigation. Journal of Social Welfare and Family Law(3), 301-311.
- When is it appropriate to use an Ombudsman?. Journal of Social Welfare and Family Law(2), 181-194.
- A Year in the Life of the Parliamentary Ombudsman. Journal of Social Welfare and Family Law(1), 89-98.
- Ombudsman section. Journal of Social Welfare and Family Law, 25(3), 267-275.
- Ombudsman section. Journal of Social Welfare and Family Law, 25(4), 399-410.
- Slow Progress in Parliament: the Eighth Report of the Committee on Standards in Public Life. Modern Law Review, 906-919.
- Dealing with unlawful charging of mental health patients. Journal of Social Welfare and Family Law, 401-412.
- Why Ombudsmen are important: helping long-term patients. Journal of Social Welfare and Family Law, 267-275.
- Which presumption? A critique of the House of Lords’ Reasoning on Retrospectivity. Journal of Legal Studies, 185-207.
- Parliamentary scrutiny of the Parliamentary and Health Services Ombudsman. Journal of Social Welfare and Family Law, 1-12.
- Judicial Review and Ombuds: A Systematic Analysis. Public Law. View this article in WRRO
Chapters
- Administrative Justice: An overview of different traditions and concepts In Kirkham R, Tomlinson J, Hertogh M & Thomas R (Ed.), The Oxford Handbook of Administrative Justice (pp. xv-xxiii). Oxford University Press
- The Ombud as a Chameleon: A Story of Adaptation to Different Administrative Cultures In Kirkham R, Tomlinson J, Hertogh M & Thomas R (Ed.), The Oxford Handbook of Administrative Justice (pp. 89-114). Oxford: Oxford University Press.
- Revisiting the Administrative Justice Legacy of New Labour In Tucker A & Gordon M (Ed.), The New Labour Constitution Hart Publishing
- Decentred Regulation of the Ombudsman Sector: UK style In Groves M & Stuhmcke A (Ed.), Decentred Regulation of the Ombudsman Sector: UK style
- Introduction: Judicial review and the Quartet In Kirkham R, Arvind TT, Stirton L & Mac Síthigh D (Ed.), Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review Hart Publishing
- The real argument about judicial review In Kirkham R, Stirton L, Arvind TT & Mac Síthigh D (Ed.), Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review Hart Publishing
- Strategic judging: lessons from the Reid era of judicial decision-making In Kirkham R, Stirton L, Arvind TT & Mac Síthigh D (Ed.), Strategic judging: lessons from the Reid era of judicial decision-making
- Health Data, Public Interest, and Surveillance for Non Health-Related Purposes In Iphofen R & Kolstoe S (Ed.), Ethical Issues in Covert, Security and Surveillance Research
- Five Principles for a New Public Services Ombudsman, A Manifesto for Ombudsman Reform (pp. 13-39). Springer International Publishing
- Strengthening Procedural Fairness and Transparency Through Ombudsman Legislation, A Manifesto for Ombudsman Reform (pp. 127-142). Springer International Publishing
- Introduction, A Manifesto for Ombudsman Reform (pp. 1-11). Springer International Publishing
- An agenda for future research: Towards a general 'ombuds-science', Research Handbook on the Ombudsman (pp. 508-515).
- The ombudsman and administrative justice: From promise to performance, Research Handbook on the Ombudsman (pp. 1-15).
- Regulating ADR: Lessons from the UK In Cortes P (Ed.), The New Regulatory Framework for Consumer Dispute Resolution Oxford University Press View this article in WRRO
- Commentary: The improving but imperfect world of the Ombudsman In Elliott M & Thomas R (Ed.), Public Law Oxford: Oxford University Press.
- Modelul Ombudsmanului britanic, irlandez şi Australian: expansiune, redimensionare şi noi orizonturi In Dragoş D-C & Neamţu B (Ed.), Instituţia Ombudsmanului: justiţie alternativă? (pp. 277-299). Bucharest: C H Beck.
- Complaint and Grievance Mechanisms in International Dispute Settlement In French , Saul & White (Ed.), International Law and Dispute Settlement New Problems and Techniques (pp. 57-86). Hart
- CARICOM and the role of regional organisations in the global legal order In Lewis D (Ed.), International and Regional Organisations (pp. 177-198). Oxford: Hart.
Conference proceedings papers
- The Future of the Ombudsmen Enterprise. The Future of the Ombudsmen Enterprise” 10th World Conference of the International Ombudsman Institu. Wellington, New Zealand, 11 July 2012 - 18 July 2012.
- Judicial Review or the Ombudsman: which institution best provides long term administrative advice?. Public Law Project, 6 July 2006 - 10 July 2006.
Reports
- The creation of an English Public Services Ombudsman: mapping a way forward.
- External Evaluation of the Local Government Ombudsman
- A Review of the Gibraltar Public Services Ombudsman
- Public services ombudsmen and administrative justice: models, roles, methods and relationships
- The Parliamentary Ombudsman: Withstanding the test of time
Website content
- Mapping a new world of accredited ADR schemes.
- Analysis: Not there yet but some ombudsman reform buses have come into sight.
- Analysis: Richard Kirkham on the Government’s plans for consumer ADR: Innovation or more of the same.
- Lessons in watchdog design from Scotland and Wales.
- The creation of an English Public Services Ombudsman: mapping a way forward.
- Another false dawn, or the moment ADR becomes mainstream?.
- The Ombudsmen Enterprise and Administrative Justice: an academic viewpoint.
- Researching Public Services Ombudsmen and Administrative Justice.
Other
- Submitted evidence to the Assembly for Wales (Finance Committee) Inquiry into the powers of the Public Services Ombudsman for Wales.
- Submitted evidence to the Cabinet Office's Consultation on A Public Service Ombudsman.
- Submitted evidence to the Parliamentary Inquiry of the Public Administration Select Committee.
- Submitted evidence to the Parliamentary Inquiry of the Public Administration Select Committee.
- Consultation response to the Law Commission’s Public Services Ombudsmen paper.
- Oral evidence to the Committee on Standards in Public Life.
- Written evidence to the Committee on Standards in Public Life, 2.
- A Manifesto for Ombudsman Reform. Springer International Publishing.
- Research group
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- Administrative Justice
- Ombudsmen
- Public Law
- Grants
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Title/Description: ‘Challenging the ombudsman: Are current review processes fit for purpose?
- Awarding Body: Nuffield Foundation
- People Involved: Kirkham, R.
- Years Funded for: 2017-2018
- Amount: £83,491
Title/Description: ‘Legal Transplants and Public Service Bargains: Explaining Civil Service Performance and Reform in Jamaica and Trinidad-Tobago’
- Awarding Body: British Academy: International Partnership and Mobility Scheme
- People Involved: Stirton, L., Kirkham, R., and Lodge, M.
- Years Funded for: 2013-2015
- Amount: £29,864
Title/Description: Public Services ombudsmen and administrative justice: models, roles, methods and relationships
- Awarding Body: Swindon: Economic and Social Research Council
- People Involved: Kirkham, R., Thompson, B. and Buck, T.
- Years Funded for: 2007-2008
- Amount: £77,115
- Teaching interests
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I received a Teaching Excellence Award in 2015 in recognition of sustained high quality teaching, various examples of innovative teaching and best practice in the School of Law, and for my work in leading the review of our undergraduate qualifying law degrees.
- Teaching activities
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The module I teach are:
Undergraduate
- Law and Accountability
- Advanced Constitutional Law
- Advanced Administrative Law (Convenor)
- Professional activities and memberships
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- Editor of Journal of Social Welfare and Family Law
- Member of British and Irish Ombudsman Association
- Witness for the Committee on Standards in Public Life
Recent Invited Papers and Keynote Lectures
- ‘The Public Service Ombudsman (Wales) Bill: comparisons with the global model’ The Ombudsman in a decade of public policy change, Ombudsman Association, University of Aberwsywth (28 October 2016)
- ‘Legal Transplants, Public Sector Bargains and the Ombudsman’ Public sector bargains in Jamaica, University of West Indies (25 October 2016)
- ‘Brexit and Judicial Power’ Workshop on the Miller case University of Liverpool (October 2016)
- ‘Demanding More of Judicial Reasoning’ Reform Public Law Now conference, University of Sussex, (September 2016)
- ‘Problems with justice and ADR’, ADR and Justice Conference, University of Oxford, 18-20 April 2016.
- Building a Legal Database for the Ombudsman Sector, Office of the Independent Adjudicator for Higher Education, Reading, March 2016.
- ‘Insights from the UK: What has the ADR Directive done for the Ombudsman model?’, Transformation of Consumer Dispute Resolution in the EU workshop, University of Leicester, September 2015.
- ‘Evaluating Ombudsman Schemes in the Round’, Trusting the middle –man’: Impact and Legitimacy of Ombudsmen, University of Oxford, April 2014.