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Complaining about UK Government departments or public bodies in England

The Public Service Ombudsman provides a free and independent complaint handling service for complaints that have not been satisfactorily resolved by the NHS in England and UK Government departments and public bodies. Separate ombudsman services exist in Scotland, Wales and Northern Ireland.

See the Library briefing NHS complaints in England to find out how to make complaints about NHS care and treatment.

If an individual is complaining to the Public Services Ombudsman about a government department or public body in England, then an MP must sign the complaint form. See ‘What is the role of MPs?’ below. (Complaints about the NHS in England do not need to be signed by an MP).

Complaining to a government department

Most government departments (such as the Ministry of Transport or the Department for Education) and most public bodies (such as the HM Courts and Tribunals Service or UK Visas and Immigration) have complaints procedures that individuals in England must follow before they complain to the Public Services Ombudsman.

Many complaints about a department or body can be resolved by these procedures. Sometimes there is more than one tier of review that an individual can make use of if they are not satisfied with the initial response.

The Public Services Ombudsman is the last resort. Individuals can only complain to the Public Services Ombudsman if their complaint has not been resolved by the relevant department or public body. All tiers of review must have been exhausted before the complaint can be raised with the Public Services Ombudsman.

What is the Public Service Ombudsman?

The Public Service Ombudsman looks at complaints that individuals have suffered an injustice because a public body in England has not acted properly or fairly or has given a poor service and not put things right. It has the power to investigate, recommend corrective action and issue a report.

The Ombudsman is independent of government and is accountable to Parliament through the Public Administration and Constitutional Affairs Committee for its performance. However, the committee cannot review the Ombudsman’s decisions on individual cases, including its decision on whether or not to accept a case.

What is the role of MPs?

Complaints to the Public Service Ombudsman about a government department or public body, other than NHS England, need to be referred by an MP.

This requirement is known as the ‘MP filter’. There is no MP filter for complaints about NHS England. Information on complaints about the NHS in England can be found in the Commons Library Briefing NHS Complaints Procedures in England.

There is no requirement for an MP to refer a case to the Public Service Ombudsman. This is entirely at the discretion of individual MPs. But the Ombudsman can only investigate an individual’s complaint if referred by an MP. Referral of a case to the Public Service Ombudsman does not imply support for the complaint.

The Public Service Ombudsman has published Information for MPs and Helping your constituents use our service.

Complaining to the Public Service Ombudsman

To complain to the Public Service Ombudsman, the complainant must first have put their grievance to the department or public body concerned to give them the opportunity to respond and put things right. See the Ombudsman’s Tips on making a complaint about UK Government services and the complaint checker tool Can we look into your complaint? for more information.

The Public Service Ombudsman will only usually consider cases within a year of the complainant first becoming aware of the problem but may set this aside if there are good reasons for the delay.

If the organisation being complained about does not reply in the time it said it would, or the complainant is running out of time to bring the complaint to the Ombudsman, they should contact the Public Service Ombudsman.

For some government services, complaints must go to a ‘second tier’ review before the Ombudsman can investigate. These include:

• the Adjudicator's Office (considers complaints about HM Revenue and Customs and the Valuation Office Agency)
• the Independent Case Examiner (considers complaints about benefits, work and financial support)

How we deal with complaints explains how the Public Service Ombudsman decides whether to look into a case, and what to expect from the investigation process. Its Service Charter sets out its commitments to complainants.

If it seems that legal action would be the appropriate route to get the desired results, the Ombudsman may recommend going to a court or a tribunal, rather than investigate the complaint. The Ombudsman cannot investigate if the complainant has or had a right of appeal to a tribunal or court of law: except in circumstances where it was not reasonable for the person to have resorted to that remedy.

The Ombudsman’s website provides a comprehensive list of government departments and other public organisations the PSO can investigate. There are some organisations the PSO cannot investigate.

What can the Public Service Ombudsman do?

The Public Service Ombudsman has powers to access information, require the attendance of witnesses and absolute privilege to protect reports (PDF) made during investigations.

If the Ombudsman finds that an organisation has got things wrong, she can recommend actions to put things right. These can include asking the organisation to acknowledge mistakes and take steps to learn and improve, apologise or make a payment. The Ombudsman does not have legal powers to force organisations she investigates to follow her recommendations, but organisations usually agree to them.

The Ombudsman’s Principles for Remedy set out guidelines for how public bodies provide remedies for injustice or hardship resulting from their maladministration or poor service. See also Principles of Good Complaint Handling and Principles of Good Administration which set standards against which the Ombudsman will judge performance.

Where an injustice seems unlikely to be remedied, the Ombudsman can present a special report to Parliament. Since 1967, there have been nine such reports. See section 2.4 of the Library briefing The Parliamentary Ombudsman: Role and proposals for reform for more information.

The Public Service Ombudsman shares findings from its casework to help improve public services and complaint handling. Casework decisions are published two months after the case is closed. Names of individuals involved are not disclosed.

What if I’m not happy with the Ombudsman’s decision?

The Ombudsman is the final stage of the complaint resolution process and there is no formal right of appeal against decisions of the Public Service Ombudsman.

It is possible to request a review of the decision within a month of that decision. See the Ombudsman’s complaints process and how to give feedback.

Individuals can apply to the High Court to challenge an ombudsman’s decision because it is legally flawed – this is called judicial review. Judicial review is primarily concerned with the issue of whether the correct legal basis was used to reach a decision rather than the merits of the decision.

The judicial review procedure is both complex and costly, and constituents should seek legal advice from a suitably qualified professional before considering it. The statutory time limit for bringing a claim for judicial review is three months from the date of the ombudsman’s final decision.

The Ministry of Justice has published a Pre-Action Protocol for Judicial Review (England and Wales) that sets out a code of good practice and the steps to be taken before making a claim for judicial review. The Library briefing Legal help: Where to go and how to pay provides information on sources of advice.

The Ombudsman and devolution

The Ombudsman deals with reserved (non-devolved) matters in relation to Wales, Scotland and Northern Ireland, as well as complaints about maladministration in UK Government departments, their agencies and some other public bodies in relation to England. Separate ombudsman structures exist in Scotland, Wales and Northern Ireland:

• Scottish Public Services Ombudsman
• Public Services Ombudsman for Wales
• Northern Ireland Public Services Ombudsman

Further information

The Parliamentary Commissioner for Administration (known as the Parliamentary Ombudsman) was established in 1967. The Health Service Commissioner (known as the Health Service Ombudsman) was established in 1973. Together, these Ombudsman services comprise the Public Service Ombudsman, formerly known as the Parliamentary and Health Services Ombudsman (PHSO).

The current Public Service Ombudsman is Paula Sussex. She is supported by a non-statutory board.

Commons Library briefings

• The Parliamentary Ombudsman: Role and proposals for reform
• Removal of the ‘MP filter’ for victims’ PHSO complaints

Public Service Ombudsman website

• A new name for a new chapter
• News and blog
• Annual Reports and Accounts and other corporate publications
• Governance Framework