Parliamentary Ombudsman

2.Main Content

Parliamentary Ombudsman

This page contains information about the Parliamentary Ombudsman, including:
What it does
Advantages and disadvantages
Which complaints are eligible?
Which complaints are not eligible?
Complaints about other government bodies
Which ombudsman?
Complaints about prisons
The Victims' Code
Making a complaint
Cost
Timescale
Procedure
Outcomes
Wider implications
Enforcement and appeal

What it does
The Parliamentary Commissioner for Administration (PCA) - more commonly known as the Parliamentary Ombudsman - can investigate complaints about central government departments and other public bodies.

The Parliamentary Ombudsman's jurisdiction extends to the whole of the UK. More than 200 public bodies are within her jurisdiction, including the Department for Work and Pensions (which handles many benefits issues) and the Home Office. To check if a department or body is within the scheme, view the complete list on the Parliamentary Ombudsman website, or contact the Helpline on 0845 015 4033.
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Advantages

it is independent of government, and of the organisations that people complain about
it aims to treat complainants fairly and impartially, whatever their background or circumstances
it is private and anonymous for individual complainants
it is free
it can put pressure on a body to resolve a complaint
it can provide a thorough investigation - to find out what happened
it can achieve a wide range of remedies
it can achieve remedies for other people in addition to the complainant
it is a good way to deal with systemic problems that affect a wide range of people
it can influence good practice and procedures within departments and public bodies

Disadvantages

complainants must put their complaints to their Member of Parliament first
it can take time to get a decision - several months or even more than a year for a full investigation
the Parliamentary Ombudsman cannot deal with complaints about decisions themselves unless something was wrong in how they were reached
the Parliamentary Ombudsman's recommendations are not binding - however, her recommendations are rarely ignored

It is important to remember that the aim of the Parliamentary Ombudsman - like most of the public sector ombudsmen - is to remedy an injustice caused by something going wrong in the administration of their case. The Parliamentary Ombudsman does not have a role in "championing" the rights of complainants where they simply disagree with a decision that has been taken.
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Which complaints are eligible?
The Parliamentary Ombudsman can consider any complaint about maladministration on the part of one of the bodies covered by the scheme. The maladministration must have resulted in an injustice to the complainant that has not been put right.

Maladministration refers to a fault in the way an organisation made a decision. The Parliamentary Ombudsman will not comment on the merits of the decision itself, but on how the decision was taken. The Parliamentary Ombudsman’s website gives some examples of the sort of problem which can be investigated:

failure to provide a service
delay that could have been avoided
faulty procedures, or failing to follow correct procedures
not telling you about any rights of appeal open to you
unfairness, bias or prejudice
giving advice which is misleading or inadequate
refusing to answer reasonable questions
rudeness and not apologising for mistakes
mistakes in handling your claims
not putting things right when something has gone wrong

For more information see What is maladministration?

The government departments receiving the highest number of complaints are the Department for Work and Pensions (especially the Child Support Agency and Jobcentre Plus), and HM Revenue and Customs (especially the tax credit system).
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Which complaints are not eligible?
The Parliamentary Ombudsman cannot investigate any complaints about:

judges
the police (other than complaints about the Victims' Code)
local authorities

Other complaints not covered by the scheme include those:

about government policy or the content of legislation
about investigations of crime
about judges' decisions
that could go to an independent tribunal or court
that have not been put to an MP
that were put to an MP more than twelve months after the complainant became aware of the problem
where no-one has suffered an injustice

There may be good reasons why someone is unable to make a complaint within 12 months, and the Ombudsman does have discretion to accept these complaints - it is always worth calling the ombudsman helpline on 0845 015 4033 for advice.
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Complaints about other government bodies
Complaints about local authorities go to the Local Government Ombudsman in England, the Public Services Ombud for Wales or to the Scottish Public Services Ombud.

Complaints about the Police in England and Wales go to the Independent Police Complaints , and in Northern Ireland to the Police Ombudsman (NI).

Complaints against the administrative actions of the Scottish Executive and certain public authorities dealing with devolved Scottish matters go to the Scottish Public Services Ombud.

Complaints about the administrative actions of the National Assembly for Wales and certain public bodies dealing with matters devolved to Wales go to the Public Services Ombud for Wales.

Complaints relating to the Northern Ireland Assembly and some other public bodies in Northern Ireland go to the Northern Ireland Ombudsman. Complaints about other Northern Ireland bodies, such as the NI Legal Services Commission and the Northern Ireland Office, are within the Parliamentary Ombudsman's jurisdiction.
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Which ombudsman?
With some problems it might not be clear whether the complaint should go to the Parliamentary Ombudsman, or to another ombudsman, or to the appropriate ombudsman-like body. For example, if you want to complain about the way your tax credit has been dealt with, you can either go to the Adjudicator , or you can complaint about H M Revenue and Customs to the Parliamentary Ombudsman. If you want to complain about the Adjudicator, you can go to the Parliamentary Ombudsman. It is best practice to contact other complaints handlers such as the Adjudicator first, where possible, before asking the ombudsman to investigate. The table on the Benefits page of this site shows which complaints handlers deal with which government services.

From 1st August 2007, the three public sector ombudsmen in England can share information, take on joint investigations, and issue joint reports on complaints that are relevant to two or more different ombudsmen.top

Complaints about prisons
There is more than one ombudsman with jurisdiction over prison complaints. It is therefore advisable to contact the ombudsman helpline on 0845 015 4033 for advice as to which ombudsman is best able to deal with your complaint.

For example, non-health related complaints about public prisons in the UK should be sent to the Prisons and Probation Ombudsman. If unhappy with their response or service the complaint can be sent to the Parliamentary Ombudsman via a MP.

Complaints about healthcare in public prisons in England should follow the NHS complaints procedure of local resolution by the Primary Care Trust providing the care and, where the matter remains unresolved, Independent Review by the Healthcare Commission. If you remain unhappy with the outcome of a complaint to the Healthcare Commission you can ask the Health Service Ombudsman to look at your complaint.

Complaints about private prisons in the UK should be sent to the Prison and Probation Ombudsman first and then the Parliamentary Ombudsman if still dissatisfied. The exception to this is healthcare complaints which should go directly to the Parliamentary Ombudsman through an MP – there is no need to refer these complaints to the Prison and Probation Ombudsman first.

Complaints that overlap, such as Health and Prison Service complaints, can sometimes bypass the local complaints procedure and be investigated by an ombudsman. These may involve both the Prison and Probation Ombudsman, and the Parliamentary and Health Service Ombudsman. You should contact the ombudsman first to discuss these types of complex complaint.

Complaints about deaths in prison custody should first be made to the Prison and Probation Ombudsman and then, if dissatisfied, to the Parliamentary Ombudsman.
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The Victims' Code
The Victims’ Code sets out a minimum standard of service that criminal justice agencies will be expected to provide to victims of crime as from April 2006. That service includes:

keeping victims informed about the progress of their case
the outcome of court hearings
offenders’ bail conditions
forthcoming appeals
post-sentence issues
compensation applications
providing assistance to victims at court

The Parliamentary Ombudsman provides a complaint handling service for victims of crime who have a complaint about the way in which any of the criminal justice agencies has carried out its obligations under the Code and who have been unable to get their complaint satisfactorily dealt with by the agency concerned.

The Ombudsman can only consider the service provided under the Victims’ Code. She cannot consider the investigation of crime.

Complaints must be referred to the Ombudsman by an MP.

Organisations required to provide services under the Code are:

The Criminal Cases Review Commission
The Criminal Injuries Compensation Authority
The Criminal Injuries Compensation Appeals Panel
The Crown Prosecution Service
Her Majesty’s Courts Service
The joint police/Crown Prosecution Service Witness Care Units
All police forces for police areas in England and Wales, the British Transport Police and the Ministry of Defence Police
The Parole Board
The Probation Service
Youth Offending Teams

The Ombudsman has a dedicated unit that handles enquiries and questions about the Victims’ Code, which can be contacted on 020 7217 4013.
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Making a complaint
A complaint must normally have gone through the internal complaints procedure of the department before being referred to the Parliamentary Ombudsman. Where a complainant feels the local complaints procedure is not working, or they are stuck in the procedure, the Parliamentary Ombudsman has discretion to accept the complaint at that stage.

A complaint must first be put to an MP, with a request to refer it to the Parliamentary Ombudsman. Normally this will be the complainant's constituency MP, but it doesn't have to be. Complainants will receive a copy of all letters, and will be contacted directly by a member of the ombudsman staff early in the process, to talk about the complaint and the outcome they wish to achieve.

A complaint should be put to the MP within twelve months of when the complainant became aware of the problem. However, the ombudsman does have discretion to accept a complaint at a later stage, depending on the circumstances. The ombudsman helpline on 0845 015 4033 is available to help complainants and advisers identify whether a complaint is likely to be eligible for investigation. The helpline can also advise on internal complaints procedures.
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Cost
The scheme is free to complainants.

Most people should be able to make a complaint to the Parliamentary Ombudsman, through their MP, without legal advice and help. Staff at the ombudsman’s office will help. This means that the ombudsman won’t pay back any legal expenses. However, although you don’t need legal advice to make a complaint, it would be a good idea to get advice before deciding whether the ombudsman is the best way to try to resolve a problem.

The Parliamentary Ombudsman can recommend - where a complaint is upheld - that the department should reimburse the any expenses incurred in making the complaint. These could include professional fees, such as an accountant's fees, when they are considered reasonable.
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Timescale
The Parliamentary Ombudsman will acknowledge receiving a complaint within 2 days, and aims to give a decision about whether the complaint can be accepted within twenty working days. A letter explaining the decision will be sent to the MP, and copied directly to the complainant or their representative.

The length of time taken for the complaint to be dealt with will depend on whether it is resolved informally at an early stage, which can take less than three months, or whether a full investigation and a published report is involved, which can take much longer.

During the year 2007 - 08, in 29% of cases the investigation was completed and a report issued within 6 months, and 75% were completed within a year.

The Parliamentary Ombudsman will keep in touch with complainants regularly, usually by telephone, to inform them of progress on the investigation.
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Procedure
The Parliamentary Ombudsman is the only service where you have to make your complaint through an MP. How to do this is explained clearly on the Parliamentary Ombudsman website. In addition, complainants should submit any supporting evidence, including all relevant correspondence. Because the Parliamentary Ombudsman's recommendations are made on the basis of documents only, it is important that all the relevant material is submitted with the complaint. All original documents will be photocopied and returned to the MP. However, it is wise to photocopy any documents you are sending so that you have a record.

When the Parliamentary Ombudsman receives the complaint it is acknowledged, and the complainant's papers are returned. Both the acknowledgement and the returned papers are sent to the MP, and a letter is sent to the complainant directly explaining what will happen next, and how the information will be used.

Initial screening
If the complaint is not one that the Parliamentary Ombudsman can investigate, or if the Parliamentary Ombudsman believes there are no prospects of obtaining a remedy for the complaint or to benefit others, the Parliamentary Ombudsman will inform the complainant and the MP.

Early resolution
If the complaint is one that the Parliamentary Ombudsman can investigate, the organisation complained of is sent a summary of the complaint and asked to comment. Sometimes it is clear from the complaint what has gone wrong, and the department involved is asked to take some action without any investigation taking place.

Some complaints can be the subject of detailed enquiries short of an investigation. This might happen where, for example, there is no evidence of maladministration but it is clear to the Parliamentary Ombudsman that the public body has not provided an adequate explanation to the complainant. In such cases, the Parliamentary Ombudsman will recommend appropriate action be taken by the body concerned.

By far the majority of accepted complaints are resolved at one of these early stages, either on the basis of submitted documents or after an enquiry is made to the body complained of. In these cases, the mistakes are identified and the government department concerned agrees to put such mistakes right and, where appropriate, to provide sufficient redress.

Investigation
A formal investigation is a long and complex process; only a small proportion of complaints received become the subject of investigations.

The Parliamentary Ombudsman can examine the organisation's files and papers. She is unlikely to hold a hearing, although it is within her discretion to interview staff and complainants. Once the investigation is complete a draft report is sent to the agency involved to check it for accuracy. The draft will also be sent to the complainant or representative to comment on, and to check for factual accuracy. It is open to all parties to accept or reject the report and the conclusions, and to make any further comments. The final report may or may not change, based on what both sides have to say. The final report will be sent to all involved.

Most cases are resolved on the basis of the papers and by making informal inquiries of the departments concerned. Of those that proceed to full investigation, some are discontinued if the department complained against admits fault and accepts the proposed remedy at an early stage.
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Outcomes
The aim of the ombudsman's recommendations is to put the complainant back in the position he or she would have been in had there been no maladministration. If a complaint is found to be justified, at the very least the complainant will receive an explanation of what went wrong and an apology.

In 2007 - 08, around a third of complaints investigated were upheld in full, a third were upheld in part, and a third were not upheld. This overall rate disguises the fact that these figures can be very different in different government departments. For example, over the year 52% of complaints about the Border and Immigration Agency were fully upheld.

Remedies
Remedies available include:

an explanation
an apology
expenses to be reimbursed
compensatory payments for distress or inconvenience

Although generally compensation levels will not be large, they reflect the circumstances of the case and so vary accordingly. The principle is that you should be put in the position you would have been in had the problem not occurred. You are very unlikely to get the levels of compensation which might be awarded by a court.
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Wider implications
Some complaints result in a remedy for people who have not complained, as well as for the complainant. Although the ombudsman's decisions do not set a precedent, she can find evidence that a policy or practice has affected a number of people in the same way as the complainant. If so, she can recommend that the department look into its files to discover who else has been affected and offer a similar remedy to those people. For this reason it is important for advisers to recognise the importance of encouraging a client to go to the ombudsman when their case is typical of problems encountered by many others as well.
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Enforcement and appeal
The Parliamentary Ombudsman's recommendations are not binding on the public body or the complainant. Nevertheless, most are complied with by the public body. If the public body does not comply with the recommendations, the ombudsman has the power to make a special report to Parliament.

During 2005 - 06 two government departments initially refused to accept the ombudsman's findings. The Ministry of Defence eventually agreed to implement her recommendations over compensation for prisoners in the Far East during World War II, but only once the Public Administration Select Committee (PASC) at the House of Commons began to consider the matter. The DWP eventually accepted the ombudsman's recommendations on compensating people who relied on their advice when making decisions about occupational pensions schemes, after a Select Committee report and a judicial review.

There is no appeal against the Parliamentary Ombudsman's decision, apart from applying for a judicial review of the ombudsman's decision-making process. Complainants are not bound by the Parliamentary Ombudsman's decision, however, and they retain their right to go to court if they are dissatisfied with the ombudsman's recommendation.

If there is new evidence, the Parliamentary Ombudsman can be asked to reconsider the complaint.
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October 2008