19 March 2010
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
You must first of all complain to the Scottish Legal Complaints Commission (SLCC). It acts as a gateway for all complaints against legal practitioners. It passes conduct complaints or any complaint about business instructed to a legal practitioner before 1 October 2008 back to the professional body. It handles complaints about inadequate professional services for business instructed to a solicitor after 1 October 2008. You must then wait until the professional body or the lawyer has finished its investigation. If you are not satisfied with its decision, you can then complain to the Scottish Legal Complaints Commissioner at the Scottish Legal Complaints Commission
You should write to the Scottish Legal Complaints Commissioner giving a brief summary of the complaint and the reasons why you think the professional body or the Commission's handling of the affair was incomplete, unfair or inadequate. You have to do that within six months of getting the decision about your original complaint. You should include:
Letters should be sent to:
The Scottish Legal Complaints Commission
The Stamp Office
10 - 14 Waterloo Place
Edinburgh
EH1 3EG
Tel: 0131 528 5111
Fax: 0131 528 5100
E-mail: enquiries@scottishlegalcomplaints.org.uk
Website: www.scottishlegalcomplaints.org.uk
If the Commissioner decides to investigate the complaint, the Commissioner will contact the professional body to get the papers in the case.
When the Commissioner has made a decision, a report will be sent to both parties.
If the Commissioner agrees that there are grounds for complaint, the Commissioner may:-
If the Commissioner 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 Scottish Prisons Complaints Commissioner can consider complaints about most aspects of a prisoner’s treatment in prison, including disciplinary hearings. The Commissioner can consider whether a decision taken by the Scottish Prison 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 and by people such as prison probation officers or members of the Visiting Committee.
Complaints can be about:-
The Commissioner can only deal with complaints relating to treatment in prison, and cannot consider complaints about the actions of outside agencies, for example, the police, courts or the Immigration Department.
Before making a complaint to the Commissioner, the prisoner must first have used the internal complaints procedures. This means having had your complaint considered by the prison governor and, in all cases, by an official at Scottish Prison Service Headquarters (usually the area manager). If the prisoner has not has a satisfactory response to her/his complaint, or if the Prison Service Headquarters has not replied within six weeks, a complaint can be made to the Commissioner.
The prisoner should complain to the Scottish Prisons Complaints Commissioner within one month of receiving a reply from the Scottish Prison Service or, if the prisoner has not received a reply, at any time after the expiry of the six week time limit. The Scottish Prisons Complaints Commissioner has discretion to investigate complaints made outside the time limit, for example, if the prisoner was ill and unable to make her/his complaint earlier.
The complaint, in the form of a letter, should be sent to the Scottish Prisons Complaints Commissioner in a sealed envelope marked ‘Prisoners’ confidential access’. The prisoner should include their prison number in the letter of complaint. The complaint must be made by the prisoner, but help and support can be given by a friend, relative or adviser. The complaint should be sent to:-
Scottish Prisons Complaints Commission
Government Buildings
Broomhouse Drive
Edinburgh
EH11 3XD
Tel: 0131 244 8423
Fax: 0131 244 8430
E-mail: spcc@scotland.gsi.gov.uk
Website: www.scotland.gov.uk/spcc
The Scottish Prisons Complaints Commissioner will get copies of any relevant papers from the Scottish Prison Service. The complaint will be treated as confidential as far as is possible. However, in some cases, the prisoner and other people concerned in the complaint will be interviewed.
The Commissioner will send the decision and the basis for it in writing to the prisoner and the Scottish Prison Service. The prisoner will usually receive a reply from the Commissioner within twelve weeks of making the complaint. If the investigation takes longer than twelve weeks to complete, the prisoner will receive monthly progress reports from the Commissioner.
If the Commissioner upholds the prisoner’s complaint, the Commissioner will recommend action that the Scottish Prison Service should take.
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. 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. First, you should write a letter setting out the problem to any MP asking 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. 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 4AP
Helpline: 0845 015 4033
Fax: 0207 217 4000
Website: www.ombudsman.org.uk
E-mail: phso.enquiries@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
Website: www.euro-ombudsman.eu.int
E-mail: eo@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.
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, 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. The complaint must be made within twelve months of 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. If the company does not deal within 3 months of receiving it in writing, then you may take it direct to the Ombudsman.
You should write to the Property Ombudsman giving full details of the complaint. The Property Ombudsman’s address 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
See under heading How to complain to the Ombudsman for information on what the letter should contain.
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 the estate agent will be legally bound to accept the decision.
If you decide to reject the Ombudsman’s decision you can decide what other course of action (including legal action) you may wish to take.
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