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This information applies to Wales
What is an ombudsman
An ombudsman is someone who has been appointed to look into complaints about an organisation. The ombudsman is usually a lawyer and investigates from an independent standpoint.
There are a number of ombudsmen:
There is no charge for the investigations made by an ombudsman. Any money you spend in making the complaint, for example, travel expenses, should be claimed back from the office of the relevant ombudsman.
Even where the ombudsman agrees that the complaint is justified, in most cases they can't order the organisation to do anything to compensate you. In addition, the investigation by the ombudsman can take a long time. Complaining to the ombudsman should therefore only be considered as a last resort.
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What type of complaint can the ombudsman investigate
The ombudsman’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 can also investigate complaints that a member of a local government body, including councillors and members of fire and police authorities, has broken their code of conduct. This might be, for example, if a councillor has brought the council into disrepute or used their position to gain an advantage for themselves.
The ombudsman 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 the organisation. The complaint must be brought by the person who has suffered this injustice, hardship or loss.
The ombudsman cannot look into a decision made by an organisation. It can only look into the way in which a decision was reached. For more detailed information about the type of complaint an ombudsman could take up, see the information which follows.
You should seek advice from an experienced advice worker, for example at a Citizens Advice Bureau, or the office of the relevant ombudsman on whether an ombudsman 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 only if you have given the organisation an opportunity to comment on the complaint and sort out any problems. For more information about what you should do before you complain to the ombudsman, see the information which follows.
The ombudsman will not look into a case if it is about to go to court or if court action is being considered. In some cases the ombudsman will not look into cases which could be dealt with by a court or tribunal.
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How to complain to the ombudsman
The procedure for starting the investigation by the ombudsman depends on which ombudsman you are complaining 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 send a letter containing the following information:
- your name and address
- the name and address of the organisation you are complaining about
- details of what the complaint is about, that is, what did the organisation do wrong or fail to do
- what personal injustice, financial loss or hardship was suffered
- what the organisation should do to put the situation right
- details of how the complaint has been followed up before you contacted the ombudsman
- the date when you first identified the event you are complaining about.
You should also send copies of any paperwork relevant to the complaint.
You can get 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.
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Parliamentary and Health Service Ombudsman
What sort of complaint can the Parliamentary and Health Service Ombudsman deal with
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 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:
- slow and unsatisfactory responses to letters to government departments
- incorrect or misleading information and advice given by government officials
- refusal of government officials to give information
- rudeness, discrimination or unhelpfulness of government officials
- failure to follow reasonable rules in procedures and administration.
The ombudsman cannot investigate the following types of complaint:
- complaints about nationalised industries
- complaints about the health service in Wales
- problems which can usually be taken to court
- complaints about the way legal action is carried out, for example, complaints about the administrative staff of courts, unless the staff acted on the authority of the judge or magistrate
- complaints about the police
- complaints about things which have not caused you hardship or suffering
- complaints about government policies
- complaints reported to an MP more than twelve months after you became aware you had reason to complain.
What to do first
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. You should send a letter setting out the problem 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, consider making a complaint to the Ombudsman.
How to complain
The 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 them to refer the case to the ombudsman. You should send the MP all relevant paper-work. The MP may wish to look into the problem 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 about what you should put in the letter. You can approach the office of the ombudsman directly for 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.gov.uk
Website: www.ombudsman.org.uk
What can the ombudsman do
If the ombudsman agrees to look into the complaint, there will be a private investigation. Someone from the ombudsman’s office may interview you at home.
If the ombudsman agrees that the complaint is justified, the government department will be asked to put the problem right. 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 put a problem right, There is no appeal against the findings. However, where the ombudsman agrees with the complaint and asks the public body to put the problem right, the public body will usually respond. The ombudsman could ask for:
- an apology
- repayment of money due, for example, tax or benefits
- compensation, for example, for delays
- improved procedures
- better administrative procedures at the department.
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Public Services Ombudsman for Wales
What sort of complaint can the Public Services Ombudsman deal with
The Public Services Ombudsman can deal with complaints of maladministration in public services in Wales. These include services provided by the following organisations:
- local authorities
- joint boards of local authorities
- police and fire authorities (not complaints about individual police officers)
- the National Assembly for Wales
- the Welsh Assembly Government
- local health boards
- NHS trusts
- GP services
- Community Health Councils
- housing provided by housing associations and by local authorities
- national park authorities
- the Environment Agency
- Education Appeal Panels
- school governing bodies (admission matters only).
The ombudsman can only look into 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 it can investigate are:
- delay or neglect in responding to enquiries or providing a service
- failure to follow the agreed policies, rules or procedures of the organisation
- rudeness, discrimination or unhelpfulness of officials
- incorrect and/or misleading information and advice by officials
- failure of officials to provide advice and information.
The ombudsman can also investigate complaints that a member of a local government body has broken the code of conduct of the body. This might be, for example, if a councillor has brought the council into disrepute or used their position to gain an advantage for themselves. The ombudsman can consider a complaint about a person who is a member of:
- a county or county borough council
- a community council
- a fire, police or national park authority.
The ombudsman cannot deal with the following types of complaints:
- a complaint which could go, or has already gone, to a court or tribunal
- a complaint about a problem where a government minister is involved
- a complaint about something which affects all or most of the inhabitants in a local area, for example, a complaint that the council has wasted public money
- court proceedings
- a complaint about the internal affairs of schools and colleges
- contracts for the supply of goods and services to the council
- the rent and services charges set by housing associations
- staff matters, for example, about pay and discipline. But the ombudsman can consider complaints about recruitment procedures.
What to do first
Complain first to the organisation concerned. Write a letter to the 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 ombudsman to look into the complaint.
How to complain
You can send your complaint directly to the ombudsman or you can ask a local councillor to do this for you.
The addresses of the Public Services Ombudsman for Wales is:
Public Services Ombudsman for Wales
1 Ffordd yr Hen Gae
Pencoed
CF35 5LJ
Tel: 0845 601 0987
Fax: 01656 641 199
E-mail: ask@ombudsman-wales.org.uk
Website: www.ombudsman-wales.org.uk
What the Public Services Ombudsman can do
If the Public Services Ombudsman thinks it is appropriate, they will look into the case. Someone from the ombudsman's office may visit you. The ombudsman will then make a report which will be sent both to the organisation concerned and to you. You will not be named in the report. In most cases, the organisation complained about must make the report available to the public. Complaints are sometimes sorted out before the end of the investigation.
If the ombudsman finds that the organisation is responsible for causing the problem, the ombudsman will include their recommendations for a suitable solution to the problem in the report. The actions the ombudsman might ask for include:
- an apology
- compensation
- improved administrative procedures
- putting the problem right.
The ombudsman has no power to force the organisation to take any of these steps, but organisations do usually agree to do what they say. If an organisation does not take the action recommended by the ombudsman, it must publish its reasons in the local press.
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European Ombudsman
What sort of complaint can the European Ombudsman deal with
The European Ombudsman can look into 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, refusal of information, discrimination and abuse of power.
What to do first
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.
How to complain
There is a time limit for complaints. This is two years from the date when you knew the facts of the problem. You do not need to refer the problem through an MEP. There is no fee for making a complaint to the European Ombudsman. You must make 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 by e-mail. However, you do not need to use this form to make your complaint.
The address of the European Ombudsman is:
1, Avenue du President Robert Schuman
B.P.403
F-67001 Strasbourg Cedex
France
Tel: 00 33 388 172313
Fax: 00 33 388 179062
E-mail: euro-ombudsman@europarl.eu.int
Website: www.euro-ombudsman.eu.int
What can the European Ombudsman do
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 in individual circumstances if at all possible.
The European 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.
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Financial Ombudsman Service
What can the Financial Ombudsman Service deal with
The Financial Ombudsman Service can deal with consumer complaints about most personal financial matters including:
- financial advice
- banking services
- endowment policies
- mortgages
- personal pension plans
- building society services
- insurance.
The Financial Ombudsman Service is impartial and free of charge. It can mainly deal with consumer complaints about companies which are authorised by the Financial Services Authority. However, 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.
How to complain
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, you can make a complaint to the Financial Ombudsman Service. There is a time limit. 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 can 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
What the Financial Ombudsman can do
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.
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Legal Services Ombudsman
What can the Legal Services Ombudsman deal with
The Legal Services Ombudsman can deal with complaints about solicitors, barristers, legal executives and licensed conveyancers.
What is the Legal Services Ombudsman unable to deal with
The Legal Services Ombudsman will not deal with a complaint if:
- you have not yet gone through the internal complaints procedure of the lawyer’s professional body
- the complaint is being or has been dealt with at court
- the complaint is about how a barrister handled a case in court
- the complaint is made more than three months after the lawyer’s professional body has informed you of its decision. However, the Ombudsman can decide that there are special reasons to extend this time limit.
What to do first
You must first of all complain to the lawyer’s professional body. 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.
How to complain
You should contact the office of the Legal Services Ombudsman by telephone, or in writing. Ask for a complaints form, fill it in and and return 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
What can the Legal Services Ombudsman do
If the Legal Services Ombudsman decides to look into the complaint, the ombudsman 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 professional body should reconsider the complaint
- the professional body should discipline the lawyer
- the professional body should pay compensation because of the way the complaint was handled
- the lawyer who you are complaining about should pay compensation
- either the professional body or the lawyer should pay back some or all of the money you have spent in taking the complaint to the Ombudsman.
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.
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Ombudsman for Estate Agents
What complaints can the Ombudsman for Estate Agents deal with
The Ombudsman for Estate Agents will investigate complaints about member companies if you have lost money or suffered inconvenience because a company has:
- gone against your legal rights
- treated you unfairly
- been guilty of maladministration (including inefficiency and delay).
- What complaints is the Ombudsman unable to deal with
The Ombudsman for Estate Agents will not deal with complaints if:
- the complaint is not against a member company
- the complaint is being or has been dealt with by a court
- the complaint is about a disagreement about a survey
- the claim is for more than £25,000
- you make the complaint more than six months after the company complained about has made its final offer
- the problem happened more than twelve months before you complained to the company or before the estate agent became a member company of the scheme.
What to do first
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 Ombudsman for Estate Agents giving details of your complaint.
How to complain
You should write to the Ombudsman for Estate Agents giving full details of the complaint. The address of the Ombudsman for Estate Agents is:
Beckett House
4 Bridge Street
Salisbury Wilts
SP1 2LX
Tel: 01722 333 306
Fax: 01722 332 296
E-mail: admin@oea.co.uk
Website: www.oea.co.uk
What can the Ombudsman for Estate Agents do
The Ombudsman for Estate Agents 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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Prisons and Probation Ombudsman
What complaints can the Prisons and Probation Ombudsman deal with
The Prisons and Probation Ombudsman can consider complaints about most aspects of a prisoner’s treatment in prison, including disciplinary hearings. It also deals 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.
What complaints is the Prisons and Probation Ombudsman unable to deal with
The Prisons and Probation Ombudsman cannot look into complaints about the actions of other agencies, for example, the police, courts or the Immigration Department.
What to do first
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, you can make a complaint to the ombudsman.
How to complain
There is a time limit to make 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
What the Prisons and Probation Ombudsman will do
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.
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 of making 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, the ombudsman will recommend action that the Prison Service or National Probation Service should take.
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