This information applies to England
An ombudsman is a person who has been appointed to look into complaints about an organisation. Using an ombudsman is a way of trying to resolve a complaint without going to court.
There are a number of ombudsmen:
For information about the Energy Supply Ombudsman, see Gas supply and Electricity supply.
An ombudsman should be a member of the British and Irish Ombudsman Association (BIOA). To check whether an ombudsman is a member of the BIOA, visit the BIOA website at: www.bioa.org.uk.
Ombudsmen are independent, free of charge and impartial – that is, they don't take sides with either the person who is complaining or the organisation being complained about.
In most cases, you must complain to the organisation first, before you make a complaint to the ombudsman.
If you need to spend money making a complaint to an ombudsman, for example travel expenses to an ombudsman's office, you may be able to claim this back. You should check with the ombudsman first before you spend any money that you want to claim back.
If an ombudsman finds that your complaint is justified, they will recommend what the organisation should do to put things right. An ombudsman can't force an organisation to go along with their recommendations, but organisations almost always do.
Investigations by an ombudsman sometimes take a long time.
The ombudsman’s job is to investigate cases of maladministration. This means the way in which an organisation has dealt with a situation or reached a decision. Examples of maladministration include:
The ombudsman will only look into a case where an individual (or in some cases group of individuals) has suffered personal injustice, hardship or financial loss because of the action or lack of action of a particular organisation.
In most cases, an ombudsman cannot look into a decision made by an organisation, just because you disagree with it.
You should complain to the ombudsman only if you have given the relevant organisation an opportunity to comment on the complaint and resolve any problems.
The ombudsman will not investigate a case if it is about to go to court or if court action has been started. In some cases, the ombudsman will not look into cases which could be dealt with by a court or tribunal.
You can find out more about which types of complaints an ombudsman can take up and what you must do before complaining to the ombudsman in the information that follows.
If you want to find out more about whether an ombudsman can take on a particular complaint, you should seek advice from an experienced advice worker, for example at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You can also find more information about ombudsmen on the ADRnow website at: www.adrnow.org.uk.
The procedure for starting the investigation by the ombudsman depends on which ombudsman the complaint is being made to. Most of the offices of the ombudsmen provide an application form for making a complaint However, you do not need to use an application form. You can contact them with the following information:
Copies of any paperwork relevant to the complaint should also be sent.
You can seek help in contacting the ombudsman and starting the complaint procedure from an experienced adviser, for example, at Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
The Parliamentary and Health Service Ombudsman can take up complaints about the way an individual has been treated by a government department or other public body. They can also look into complaints about NHS hospitals or community health services.
The ombudsman will look into maladministration by a public body, for example, how procedures are used. Examples of the type of complaint the ombudsman could deal with are:
The ombudsman cannot usually look into the following types of complaint:
The ombudsman does not have to look into a complaint. The Parliamentary and Health Service Ombudsman’s office will be able to advise on whether or not the ombudsman can take up a complaint.
For more information on how to make a complaint about an NHS service and the procedures involved, see NHS and local authority social services complaints.
You should complain first to the government department or other public body concerned, as they must be given an opportunity to look into the problem.
In the case of health service complaints, the practice, hospital or trust concerned must be given an opportunity to investigate and, if possible, sort out the problem. The Parliamentary and Health Service Ombudsman will only deal with complaints that have not been satisfactorily sorted out through Local Resolution, or by an Independent Review panel. You can get help with making your complaint from the Independent Complaints Advocacy Service (ICAS).
You should always keep copies of any correspondence you send and any replies received. If the government department, public body or health services provider does not make a satisfactory response, consider making a complaint to the ombudsman.
The way to complain to the ombudsman depends on who you are complaining about.
If you are complaining about a government department or public body, first you have to contact your MP. You must set out the problem in writing and ask them to refer the case to the ombudsman. The MP should be sent all relevant correspondence. The MP may wish to look into the problem before referring it to the ombudsman, and may decide not to pass on your complaint.
If you are complaining about the health service, you do not need to involve your MP. You can contact the ombudsman direct once you have been through the normal complaints procedure.
There is a time limit for making the complaint. This is no later than a year from the date when you first became aware of the events which you are complaining about.
You can contact the office of the Parliamentary and Health Service Ombudsman directly to get advice about whether the case is one which they could take up.
The address of the Parliamentary and Health Service Ombudsman is:
Millbank Tower
Millbank
London
SW1P 4AP
Helpline: 0845 015 4033
Fax: 0207 217 4000
E-mail: phso.enquiries@ombudsman.org.uk
Website: www.ombudsman.org.uk
If the ombudsman decides to accept the case, they will look into the problem. They will then write a report, giving the results of the investigation. This report is sent both to the relevant government department or health authority and to the person who made the complaint.
If the ombudsman agrees that the complaint is justified and that you have suffered injustice or hardship, the report will set out what the Ombudsman has decided should be done about it.
The ombudsman can ask for:
There is no appeal against the ombudsman’s decision. The ombudsman will only start a new investigation into a complaint if completely new information is received which could not reasonably have been known about before. It is very rare for a new investigation to be started.
The ombudsman’s recommendations cannot be legally enforced.
The Local Government Ombudsman can deal with complaints of maladministration in the following organisations:
The Local Government Ombudsman can only investigate complaints of maladministration which cause injustice, suffering or hardship. This means that they can only take up complaints about the way an organisation has done something, or not done something it should have done. Examples of the type of complaint they can investigate are:
The ombudsman cannot deal with the following types of complaints:
Complain first to the organisation concerned. Contact the relevant department, setting out the problem. If you do not get a satisfactory response or you do not get an answer within a reasonable time, ask the Local Government Ombudsman to look into the complaint.
You can send your complaint directly to the Local Government Ombudsman for your area or you can ask a local councillor to do this for you.
To find the contact details for the Local Government Ombudsman in your area, go to the Local Government Ombudsman's website at: www.lgo.org.uk/complain.htm.
If the Local Government Ombudsman thinks it is appropriate, they will investigate your complaint. Someone from the ombudsman's office may visit you. In some cases, the ombudsman may be able to help you come to an informal agreement with the organisation you have complained about. In other cases, the ombudsman may have to issue a report. You will not be named in the report. The organisation you have complained about will usually have to make the report available to the public.
If the ombudsman finds your complaint is justified, they will give recommendations on how to sort out the problem. The actions the Ombudsman might ask for include:
The ombudsman has no power to force the organisation to take any of these steps, but organisations do usually agree with the recommendations.
The European Ombudsman can investigate maladministration in the activities of the European community institutions and bodies. These bodies include the European Commission, the Council of the European Union and the Court of Justice.
Examples of the problems that can be investigated by the European Ombudsman include administrative delay, refusing to give information, discrimination and abuse of power.
Before you can make a complaint to the European Ombudsman, the European institution should be given the opportunity to look into the problem and try to sort it out.
There is a time limit for making a complaint. You have two years from the date when you first knew about the problem. The complaint does not need to be referred to the European Ombudsman by a Member of European Parliament (MEP). There is no fee for making a complaint to the European Ombudsman. You should put the complaint in writing. There is a form that you can download from the European Ombudsman website. You can fill it in and send it in by e-mail. However, you do not need to use the form to make your complaint.
The address of the European Ombudsman is:
1, Avenue du President Robert Schuman
CS 30403
F-67001 Strasbourg Cedex
France
Tel: 00 33 388 172313
Fax: 00 33 388 179062
E-mail: eo@ombudsman.europa.eu
Website: www.euro-ombudsman.eu.int
The European Ombudsman will look into the complaint. Complaints are not usually handled confidentially, but if you ask for your complaint to be treated confidentially, this will be respected if at all possible.
The ombudsman will try to find a solution through conciliation to put matters right and satisfy the person making the complaint. If the attempt at conciliation fails, the European Ombudsman can make recommendations to the organisation to put the problem right. If the organisation does not accept the ombudsman's recommendations, the ombudsman can make a special report on the matter to the European Parliament.
The Financial Ombudsman Service can deal with consumer complaints about most personal financial matters including:
The Financial Ombudsman Service is impartial and is free of charge. It can mainly deal with consumer complaints about companies which are authorised by the Financial Services Authority, although it can also deal with some unauthorised companies. You should contact the Financial Ombudsman Service consumer helpline directly to find out if it can deal with your complaint.
Before you complain to the Financial Ombudsman Service, you must complain to the company using its formal complaints procedure. If you are not happy with the outcome, a complaint can be made to the Financial Ombudsman Service. There is a time limit for making the complaint. This is six months from when you get a final decision from the company about how it is going to deal with the matter. You can get a complaint form from the Financial Ombudsman Service website or from the consumer helpline. You should contact the Financial Ombudsman Service directly for information on how to make a complaint.
The address of the Financial Ombudsman Service is:
Financial Services Ombudsman
South Quay Plaza
183 Marsh Wall
London
E14 9SR
Tel: 0845 080 1800
Fax: 020 7964 1001
E-mail: complaint.info@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk
The Financial Ombudsman Service will look at the complaint and advise how it could be sorted out. If a satisfactory outcome is not achieved, the Financial Ombudsman Service will start a formal investigation. The final decision given at the end of this investigation is binding on the company. However, if you do not agree with it, you can take the complaint to court.
The Legal Services Ombudsman can deal with complaints about solicitors, barristers, legal executives and licensed conveyancers.
The Legal Services Ombudsman will not deal with a complaint if:
You must first of all complain to the lawyer's professional body. For example, for solicitors this is the Law Society. You must then wait until the professional body has finished its investigation. If you are not satisfied with its decision, you can then complain to the Legal Services Ombudsman.
You should contact the office of the Legal Services Ombudsman by telephone, or in writing, and get a complaints form to fill in. Send it to:
Office of the Legal Services Ombudsman
3rd Floor
Sunlight House
Quay Street
Manchester
M3 3JZ
Tel: 0845 601 0794
Fax: 0161 832 5446
E-mail: lso@olso.gsi.gov.uk
Website: www.olso.org
If the Legal Services Ombudsman decides to look into the complaint, they will contact the professional body to get the papers in the case. When the Ombudsman has made a decision, they will send a report to both sides.
If the ombudsman agrees that there are grounds for complaint, the ombudsman may recommend that:
The ombudsman also has the option of ordering compensation, rather than just recommending compensation.
If the ombudsman does not take your side about the problem, or if the other side does not follow their recommendations, you can take further action if you wish, for example, through a court.
All estate agents must belong to a regulatory scheme approved by the Office of Fair Trading (OFT). Estate agents that refuse to join a scheme can be fined. So far the OFT has approved two schemes - a redress scheme run by the Property Ombudsman and a scheme run by the Surveyors Ombudsman Service. If your estate agent is not a member of the Property Ombudsman scheme, you can complain to the Surveyors Ombudsman Service at: www.surveyors-ombudsman.org.uk.
The Property Ombudsman will investigate complaints about member companies if you have lost money or suffered inconvenience because a company has:
The Property Ombudsman will not deal with complaints if:
You should first use the internal complaints procedure of the company concerned. There is a time limit to make the complaint. This is twelve months from the event about which you are complaining.
If, at the end of this procedure, you are still not satisfied, you can write to the Property Ombudsman giving details of your complaint.
You should write to the Property Ombudsman giving full details of the complaint. The address of the Property Ombudsman is:
Beckett House
4 Bridge Street
Salisbury
Wilts
SP1 2LX
Tel: 01722 333 306
Fax: 01722 332 296
E-mail: admin@tpos.co.uk
Website: www.tpos.co.uk
The Property Ombudsman will send the decision to both sides. The ombudsman can grant compensation of up to £25,000. You can accept or reject the decision. If you accept it, legally the estate agent has to accept the decision.
If you decide to reject the ombudsman’s decision, you can decide what other action (including legal action) you may wish to take.
The Housing Ombudsman can deal with complaints about maladministration by social registered landlords such as housing associations, housing trusts and housing co-operatives. It can also deal with some larger private landlords who have joined the scheme voluntarily. The Housing Ombudsman cannot deal with complaints about local authority landlords. You can make a complaint about a local authority landlord to the Local Government Ombudsman - see under heading Local Government Ombudsman. Complaints that the Housing Ombudsman can deal with include:
The Housing Ombudsman will not normally deal with complaints which involve:
You should first go through your landlord's complaints procedure. There is a time limit for complaining to the Housing Ombudsman. This is twelve months from the end of your landlord’s complaints procedure. However, if the procedure is inadequate, the ombudsman may accept complaints before the procedure is complete. Some landlords have a short deadline for accepting a complaint, and if you miss it, the ombudsman might not be able to help.
You should write to the Housing Ombudsman giving full details of your complaint. The Housing Ombudsman’s address is:
Housing Ombudsman Service
81 Aldwych
London
WC2B 4HN
Tel: 0300 111 3000
Fax: 020 7831 1942
E-mail: info@housing-ombudsman.org.uk
Website: www.housing-ombudsman.org.uk
If the Housing Ombudsman agrees that there are grounds for complaint, they may ask for more information from you and/or the landlord and try to resolve the complaint informally by letters or phone calls.
If they can't sort out the complaint at this stage, the Housing Ombudsman may suggest one of the following procedures:
The Prisons and Probation Ombudsman can consider complaints about most aspects of a prisoner’s treatment in prison, including disciplinary hearings. They also deal with complaints by people on probation. The ombudsman can consider whether a decision taken by the Prison Service or National Probation Service was correct and whether the proper procedures were followed in making the decision. This includes action taken by prison staff employed by private companies, probation officers and members of the Independent Monitoring Board. The ombudsman is also responsible for investigating the deaths of all prisoners and residents of probation hostels and immigration detention accommodation.
The Prisons and Probation Ombudsman cannot consider complaints about the actions of other agencies, for example, the police, courts or the Immigration Department.
Before you make a complaint to the Prisons and Probation Ombudsman, you must first have used the internal complaints procedures. If you are not satisfied with the reply or if the Prison Service Headquarters or Area Probation Board has not replied within six weeks, a complaint can be made to the ombudsman.
There is a time limit for making a complaint. This is one month from getting a reply from the Prison Service Headquarters or Area Probation Board. If you have not received a reply, you can make a complaint any time after six weeks. The Prisons and Probation Ombudsman has discretion to investigate complaints made outside the time limit, for example, if you were ill and unable to make the complaint earlier.
To complain, send a letter to the ombudsman. If you are a prisoner, you should send the letter in a sealed envelope marked ‘Prisoners' confidential access’. A prisoner should include their prison number in the letter of complaint. Help and support can be given by a friend, relative or adviser. The complaint should be sent to:
Prisons and Probation Ombudsman
Ashley House
2 Monck Street
London
SW1P 2BQ
Tel: 020 7276 2876 or 08450 0107938
Fax: 020 7276 2860
E-mail: mail@ppo.gsi.gov.uk
Website: www.ppo.gov.uk
The Prisons and Probation Ombudsman will usually get copies of any relevant papers from the Prison Service or National Probation Service. They will treat the complaint as confidential as far as is possible. However, in some cases, they will interview you and the other people involved.
The ombudsman will send the decision and the reasons for it in writing to both you and the Prison Service or National Probation Service. You will usually get a reply from the ombudsman within eight weeks from when you made the complaint. If the investigation takes longer than twelve weeks, you will get monthly progress reports from the ombudsman.
If the ombudsman upholds your complaint, they will recommend action that the Prison Service or National Probation Service should take.
Ymwadiad, hawlfraint a pholisi preifatrwydd, Hawlfraint © Cyngor ar Bopeth. Cedwir pob hawl.
