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What is an ombudsman?

An ombudsman scheme looks into complaints about companies and organisations.

There are different types of ombudsman schemes. Some cover the public sector, mainly looking into complaints about government organisations and public services, while others cover the private sector, handling financial and consumer complaints. The Ombudsman Association (OA) is the professional association for ombudsman schemes and complaint handling bodies in the UK

The OA’s Guide to Ombudsman Offices in the UK explains the role of an ombudsman offices and answers frequently asked questions about an ombudsman’s role and its powers.

Cabinet Office Guidance on new ombudsmen schemes states that government departments should have regard to OA’s Criteria (PDF) for use of the term ombudsman: independence, fairness, effectiveness, openness and transparency, and accountability. Companies House requires that a business or company meet the OA’s Criteria to use the protected term ‘ombudsman’.

Why complain to an ombudsman?

An ombudsman is an independent service that investigates and resolves complaints.

Ombudsman schemes are a free and accessible means of gaining redress for the citizen or consumer, as recipients of public and private sector goods or services.

Ombudsman schemes are sometimes referred to as a form of alternative dispute resolution (ADR) as they are a way of resolving disputes without going to court. However, as well as providing redress for an individual, an ombudsman also identifies any systemic issues and provides feedback to help improve services and complaint handling.

Ombudsman schemes are independent and impartial. They follow an inquisitorial approach (where a neutral party investigates the case) as opposed to the adversarial courts system (where each party argues to in front of a judge or jury that their position is correct).

Complaining to an ombudsman

All ombudsman schemes require a complaint to have already been put to the organisation being complained about before the ombudsman can get involved. This gives the body being complained about the opportunity to respond and put things right.

If the complaint cannot be resolved, or it takes too long (which usually means more than 8 to 12 weeks) the complaint can be taken to an ombudsman. Some schemes may ask for a letter of deadlock, this is not needed if the organisation takes too long to deal with the complaint.

Ombudsman schemes generally won’t investigate complaints more than a year old although there are exceptions.

An ombudsman will not investigate if court action has been initiated.

Check the ombudsman’s website to see how to make a complaint. The Ombudsman Association has published a Guide to Ombudsman Offices UK.

What can the ombudsman do?

Different ombudsman schemes have different powers, but all are able to investigate problems in depth, and, like courts, can require information to be provided by the organisation complained about. The ombudsman examines the evidence from both sides and makes a decision.

Private sector ombudsman’s decisions are binding on the organisation complained about if the complainant accepts the decision.

If a public sector ombudsman fully or partly upholds a complaint, they can recommend what action an organisation needs to take. This could mean acknowledging mistakes, apologising, or making a payment. Their recommendations are not legally

What if I’m not happy with the ombudsman’s final binding decision?

As the ombudsman is the final stage for unresolved complaints, there is no formal right of appeal against an ombudsman decision. Some ombudsman schemes provide for a review of the decision if new evidence is provided and all offer an option to provide feedback about their service.

In the private sector, an ombudsman’s decision is final and can’t be appealed. Consumers retain the right to take their dispute to court if they are unhappy with the ombudsman’s decision.

In the public sector, ombudsman decisions can only be challenged through a judicial review where it is believed that the legal basis of the ombudsman’s decision is flawed. However, constituents should seek legal advice from a suitably qualified professional if they are considering initiating judicial review proceedings.

The Library briefing, Legal help: where to go and how to pay, provides information about where to seek legal help and advice.

Commons Library constituency casework articles covering complaints

Constituency casework webpages provide information resources for MPs and their staff.

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About the author: Sarah Priddy is a parliamentary researcher at the House of Commons Library.

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