Chwefror 12 af 2012
This information applies to Scotland
An ombudsman or commissioner is a person who has been appointed to investigate complaints about an organisation.
There are a number of different ombudsmen and commissioners:-
For Information about the Energy Supply Ombudsman, see Gas Supply and Electricity Supply.
An ombudsman is a member of the Britsh and Irish Ombudsman Association (BIOA). Commissioners are usually members of the BIOA. To check whether an ombudsman or commissioner is a member of the BIOA, visit the BIOA website at www.bioa.org.uk.
Ombudsmen and commissioners are independent, free of charge and impartial- that is, they don't take sides with 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 or commissioner.
If you need to spend money making a complaint to an ombudsman or commissioner, for example, travel expenses to their office, you may be able to claim this back.
If an ombudsman or commissioner finds that your complaint is justified, they will recommend to the organisation what it should do to put things right. They can't force an organisation to go along with their recommendations but organisations almost always do.
Investigations by an ombudsman or commissioner sometimes take a long time.
The ombudsman’s or commissioner's job is to investigate cases of maladministration. This means the way in which an organisation has dealt with a situation, for example, whether the procedures used by the organisation were fair or reasonable.
The ombudsman or commissioner will only investigate 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. The complaint must be brought by the person who has suffered this injustice, hardship or loss or a third party, with written consent from the person to act on their behalf.
The ombudsman or commissioner cannot investigate a decision made by an organisation, only investigate the way in which a decision was reached. More detailed information on which type of complaint an ombudsman or commissioner could take up is provided below.
You should seek advice from an experienced advice worker, for example at a Citizens Advice Bureau, or the office of the relevant ombudsman or commissioner on whether they could take on a particular complaint. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You should complain to the ombudsman or commissioner only if you have given the relevant organisation the opportunity to resolve the complaint. Details of what you should do before complaining to the ombudsman or commisioner are provided below.
The ombudsman or commisioner will not investigate a case if it is about to go to court or has been considered in court. In some cases the ombudsman or commissioner will not investigate cases that could be dealt with by a court or tribunal.
The procedure for starting the investigation by the ombudsman or commissioner differs slightly depending on which ombudsman or commissioner the complaint is being made to. Most of the offices of the ombudsmen and commissioners provide a form for making a complaint. It is not, however necessary to use a form. You can send a letter containing the following information:-
Copies of any correspondence relevant to the complaint should also be sent.
You can seek help in contacting the ombudsman or commissioner and starting the complaint procedure from an experienced adviser, for example, at Citizens Advice. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
The Scottish Public Services Ombudsman (SPSO) is the final stage for complaints about:-
The Scottish Public Services Ombudsman can investigate complaints about maladministration or service failure where this has resulted in you suffering an injustice or hardship. It is independent, impartial and free.
If the complaint is about the conduct of an MSP, then you should complain to the Scottish Parliamentary Standards Commissioner.
For more information about the Scottish Parliamentary Standards Commissioner, see The Scottish Parliament.
The Scottish Public Services Ombudsman cannot deal with a complaint until it has been dealt with by the organisation complained about. If the complaint is about a councillor it has to be made to the Standards Commission for Scotland. See www.standardscommissionscotland.org.uk.
You must take your complaint first to the organisation complained about. If you feel that an organisation has provided a poor service, delivered a service badly, or failed to provide a service you should complain to them in writing heading your letter ‘formal complaint’ and asking them to consider it within their formal complaints procedure. They should make a copy of this procedure available to you.
You must put your complaint in writing to the Ombudsman and should include any letters to and from the organisation you are complaining about. See under heading How to complain to the Ombudsman for details of what to include in the letter or ask the SPSO office for a standard form. Send your letter to:
The Scottish Public Services Ombudsman
Freepost EH641
Edinburgh
EH3 0BR
Freephone: 0800 377 7330
Text: 0790 049 4372
Fax: 0800 377 7331
Email: ask@spso.org.uk
Website: www.spso.org.uk
If you find it difficult to put your complaint in writing, you can telephone the Ombudsman; s/he may be able to help or to recommend someone who can. Generally you have to send your complaint about the Ombudsman within a year from when what you are complaining about happened or from when you found out about it. If there are special circumstances, the Ombudsman may be able to extend the time limit.
When the Ombudsman has made a decision, both parties will be informed.
If the Ombudsman agrees that there are grounds for complaint, the Ombudsman may:-
If the Ombudsman does not uphold the complaint or the recommendations are not complied with, you can take further action if you wish, for example, through a court.
The SPSO welcome new enquiries and complaints in languages other than English.
If you would like to speak to the SPSO in a language other than English please telephone 0800 377 7330 and request the language of your choice and give them your telephone number. SPSO will call you back using an interpreter within minutes.
Some publicity material is available in other languages at www.spso.org.uk.
We can also take complaints in other formats, such as large print and Braille.
4 Melville Street
Edinburgh
EH3 7NS
The Scottish Legal Services Ombudsman was replaced on 1 October 2008 by the Scottish Legal Complaints Commissioner. Any complaints previously made to the Scottish Legal Services Ombudsman that are outstanding are being dealt with by the new Scottish Legal Complaints Commissioner.
The Commissioner will not deal with a complaint if:-
If you have a complaint about the way a complaint has been handled by one of the English and Welsh professional bodies, you should contact the office of the Legal Services Ombudsman.
Office of the Legal Services Ombudsman
3rd floor
Sunlight House
Quay Street
Manchester
M3 3JZ
Tel: 0845 001 0794
Fax: 0161 832 5446
Email: lso@olso.gsi.gov.uk
Website: www.olso.org
The Public Standards Commissioner for Scotland is an independent investigator who can investigate complaints against councillors, members of devolved public bodies or Members of the Scottish Parliament (MSPs) who are alleged to have broken their Code of Conduct.
To make a complaint or to find out more about the complaints process, you should contact the office of the Public Standards Commissioner at:-
Public Standards Commissioner for Scotland
39 Drumsheugh Gardens
Edinburgh
EH3 5HX
Tel: 0300 011 0550
Email: investigations@ethicalstandards.org.uk
Website: www.publicstandardscommissioner.org.uk
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. The Parliamentary and Health Service Ombudsman deals with complaints about the Westminster Parliament and government departments governed by Westminster. The Parliamentary and Health Service Ombudsman also handles complaints about the NHS in England. In Scotland, complaints about issues to do with the Scottish Parliament and Scottish government departments, such as health, housing and education, are dealt with by the Scottish Public Services Ombudsman. For more information about the Scottish Public Services Ombudsman see under heading Scottish Public Services Ombudsman.
The Ombudsman is concerned about 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 investigate the following types of complaint:-
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. Ask for details of the complaints procedure from the organisation you are complaining about.
A letter setting out the problem should be sent to the relevant department. You should always keep copies of any letter sent and any replies received. If the government department or public body does not make a satisfactory response then consider a complaint to the Parliamentary and Health Service Ombudsman.
The Parliamentary and Health Service Ombudsman can only help if asked to do so by an MP. You must set out the problem in writing and ask her/him to refer the case to the Ombudsman. The MP should be sent all relevant correspondence. The MP may wish to investigate the matter before referring it to the Ombudsman and may decide not to pass on your complaint. A form which you can use to send to you MP is available on the ombudsman’s website at www.ombudsman.org.uk. See under heading How to complain to the Ombudsman for information on what the letter should contain.
The office of the Ombudsman can be approached directly for advice on whether the case is one which they could take up.
The address is:-
The Parliamentary and Health Service Ombudsman
Office of the Parliamentary Commissioner for Administration
Millbank Tower
Millbank
London
SW1P 4QP
Helpline: 0345 015 4033
Fax: 0300 061 4000
E-mail: phso.enquiries@ombudsman.org.uk
Website: www.ombudsman.org.uk
If the Parliamentary and Health Service Ombudsman agrees to investigate the case there will be a private investigation. You may be interviewed at home by someone from the Ombudsman’s office.
If the Ombudsman agrees that the complaint is justified, the government department concerned will be asked to remedy the situation. The Ombudsman’s report will be sent to the department, the MP and the person making the complaint.
The Ombudsman cannot force a government department or other public body to remedy an injustice, and there is no appeal against the findings. However, where the Ombudsman agrees with the complaint and asks for a specific remedy from a public body, the public body will usually respond. The Ombudsman could ask for:-
The European Ombudsman can investigate maladministration in the activities of the European Union (EU) 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, refusal of information, discrimination and abuse of power.
Before you can make a complaint to the European Ombudsman, the European institution concerned should be given the opportunity to investigate and try to resolve the matter.
How to complainYou have two years from the date when you knew the facts of the problem within which to complain to the European Ombudsman. It is not necessary for a complaint to be referred to the European Ombudsman by an MEP. There is no fee for making a complaint to the European Ombudsman, which should be in writing. There is a form that you can download from the European Ombudsman website, which you can complete and submit by e-mail. However, it is not necessary to make a complaint using the form.
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.ombudsman.europa.eu
The European Ombudsman examines complaints and conducts enquiries. Complaints are not usually handled confidentially, but if you ask for your complaint to be treated confidentially this will be respected in individual circumstances, if at all possible.
If a case is not resolved satisfactorily, the Ombudsman will try to find a solution through conciliation to put matters right and satisfy the complainant. If the attempt at conciliation fails the European Ombudsman can make recommendations to the institution to solve the case. If the institution 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.
The Financial Ombudsman Service can mainly deal with consumer complaints about companies which are authorised by the Financial Services Authority, although it can also deal with a number of unauthorised companies. You should contact the Financial Ombudsman Service consumer helpline directly to find out if it can deal with your complaint.
Before complaining 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 within six months of receiving the final decision from the company about how it is going to deal with the matter. A complaint form can be obtained 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 resolved. If a satisfactory outcome is not achieved, the Financial Ombudsman Service will undertake a formal investigation. The final decision given at the end of this investigation is binding on the company, but if you do not agree with it, you can take the complaint to court.
The Property Ombudsman deals with disputes involving estate agents, letting agents, residential managing agents, valuers, auctioneeers and other porperty professionals.
All estate agents must belong to a redress scheme approved by the Office of Fair Trading (OFT). The OFT has approved the redress scheme run by The Property Ombudsman. You should check if your estate agent is a member of this regulatory scheme. If it is not then you will have to check if it is a member of the only other scheme approved by the OFT which is run by the Ombudsman Services: Property.
If an estate agent does not become a member of one of the regulatory schemes you can report the firm to the local Trading Standards office. It can then be fined by the Office of Fair Trading (OFT) and prohibited from further trading.
The Property Ombudsman will investigate complaints about registered firms (scheme members) if you have lost money or suffered inconvenience because a member company has:
The Property Ombudsman cannot deal with complaints if:
You should first make a formal written complaint to the registered firm to start their internal complaints procedure.
If, at the end of this procedure, you are still not satisfied, you can contact The Property Ombudsman giving details of your complaint. You must do this within six months of the firm completing their internal complaints procedure.
You can contact The Property Ombudsman giving full details of the complaint. The address of the Property Ombudsman is:
Milford House
43-55 Milford Street
Salisbury
Wiltshire
SP1 2BP
Tel: 01722 333 306
Fax: 01722 332 296
E-mail: admin@tpos.co.uk
Website: www.tpos.co.uk
After considering the information provided by you and the registered firm, the Ombudsman will send a 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 registered firm 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 Ombudsman Services: Property deals with complaints from consumers about estate agents, letting agents, residential managing agents, chartered surveying firms, surveyors and other property professionals.
All estate agents must belong to a redress scheme approved by the Office of Fair Trading (OFT). The OFT has approved the redress scheme run by the Ombudsman Services: Property. You should check if your estate agent is a member of this regulatory scheme. If it is not then you will have to check if it is a member of the only other scheme approved by the OFT which is run by The Property Ombudsman.
If an estate agent does not become a member of one of the regulatory schemes you can report the firm to the local Trading Standards office. It can then be fined by the Office of Fair Trading (OFT) and prohibited from further trading.
The Ombudsman Services: Property deals with complaints about unfair treatment, avoidable delays, failures to follow proper procedures, poor or incompetent service amongst other things. It can only look at your problem if one of its members is involved so it is important that you check this first. A list of its members is available on its website at: www.os-property.org.
The Ombudsman Services: Property will not deal with complaints that:-
You should first use the internal complaints procedure of the member firm. There is a time limit to make the complaint. This is nine months from the event about which you are complaining.
If, at the end of this procedure, you are still not satisfied, you can complain to the Ombudsman Services: Property giving details of your complaint.
You can contact the Ombudsman Services: Property at:
PO Box 1021
Warrington
WA4 9FE
Tel: 0330 440 1634 or 01925 530 270
Fax: 0330 440 1635 or 01925 530 271
E-mail: enquiries@os-property.org
Website: www.os-property.org
After considering the information provided by you and the member firm, the Ombudsman Services: Property will send a 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, the member firm will keep to the final decision and take the action that the Ombudsman has asked for.
If you decide to reject the Ombudsman’s decision, you can decide what other action (including legal action) you may want to take.
Ymwadiad, hawlfraint a pholisi preifatrwydd, Hawlfraint © Cyngor ar Bopeth. Cedwir pob hawl.
