Most people who want to complain to the Parliamentary and Health Service Ombudsman (PHSO) about a UK Government department or public body must have their complaint referred by an MP.
But since 29 January 2025, the PHSO can investigate complaints about organisations that have not met their obligations under the Victims’ Code (which sets service standards for victims of crime) without the need for an MP to refer it. Individuals can still ask their MP to refer these complaints if they wish.
Section 27 of the of the Victims and Prisoners Act 2024 amends the Parliamentary Commissioner Act 1967 to remove the MP filter for complaints to the PHSO under the Victims’ Code.
The Victims and Prisoners Act 2024 received Royal Assent on 25 May 2024, shortly before the 2024 general election. The Labour government made commencement regulations to bring section 27 into force from 29 January 2025.
What is the Parliamentary and Health Service Ombudsman?
The PHSO provides an independent complaint-handling service for complaints that have not been resolved by the NHS in England and by UK Government departments or other public organisations. Separate ombudsman services exist in Scotland, Wales and Northern Ireland.
The PHSO comprises two ombudsman services established by separate acts of Parliament:
- the Parliamentary Ombudsman
- the Health Service Ombudsman
While technically separate, by convention these posts are held by the same person.
The Parliamentary Ombudsman investigates complaints from members of the public who believe that they have suffered injustice because of maladministration by UK Government departments or other public organisations. Maladministration can mean that a public body has not acted properly or fairly or has given a poor service and not put things right.
The Health Service Ombudsman has the same function, but for complaints about the NHS in England.
What is the ‘MP filter’?
Individuals complaining about UK Government departments and public bodies need an MP to sign a complaint form before it can be submitted to the PHSO. This is known as the ‘MP filter’.
Because of differences in the Health Service Ombudsman’s founding legislation, complaints to the PHSO about the NHS in England do not need to be signed by an MP.
Section 27 of the Victims and Prisoners Act 2024 removes the MP filter for people making complaints under the Victims’ Codes and for victims of crime who claim to have suffered an injustice due to maladministration.
Complaints would still need to be raised with the agency concerned first, and would generally need to be raised with the PHSO within 12 months of the complainant becoming aware of the issue, as is currently the case.
When can people make complaints under the Victims’ Code?
The Code of Practice for Victims of Crime (Victims’ Code) sets out the standard of service that criminal justice agencies should provide to victims of crime (or their relatives if a victim dies as a result of a crime). A victim is entitled to make a complaint if they feel that their rights under the Victims’ Code are not being met.
Since 3 April 2006, the PHSO has had a statutory responsibility to consider complaints, referred by MPs, from individuals who complain that an organisation has not met its obligations under the Victims’ Code.
Section 27 of the Victims and Prisoners Act allows victims of crime to take their complaint directly to the PHSO without having to go through their MP. Complainants can also authorise a ‘suitable representative’ to make the complaint on their behalf (which could still be an MP).
Why is the MP filter being removed for victims of crime?
The consensus arising from the government’s pre-legislative consultation on the Victims’ Bill (PDF) was that the complaints process for victims needs to be simplified and more transparent. The PHSO had called for the removal of the MP filter (PDF), saying that it “acts as a hurdle to accessing justice”. The PHSO believes the MP filter is linked to the low number of cases it receives from victims of crime because it creates confusion and delays, and can lead to victims being denied access to the service if an MP does not refer the complaint.
The government’s statement on the commencement of provisions in the Victims and Prisoners Act 2024 said that removing the MP filter “will simplify the complaints process for victims who need to escalate their complaints” and “enables those acting on behalf of a victim to bypass the filter and make the victim’s complaint directly. This means victims can choose whether to make their complaint themselves, or through an MP or other trusted person if they prefer.”
All other complaints about maladministration by UK Government departments and public bodies will still require an MP referral to the PHSO. The MP filter is not being removed for other categories of complaints.
The explanatory notes for the Victims and Prisoners Bill (PDF) say that :
Removal of the ‘MP filter’ will only apply to persons whose complaints relate to their experiences as victims of crime, for whom approaching an MP to share a potentially traumatic experience is more likely to be a barrier to making a complaint. This does not constitute an indication that the Government intends to remove the MP filter more widely.
Further information
Commons Library briefings:
Parliamentary Ombudsman: How to take complaints about UK government departments and other public organisations to the Parliamentary Ombudsman
The Parliamentary Ombudsman: role and proposals for reform
The Victims and Prisoners Bill
About the author: Sarah Priddy is a parliamentary researcher at the House of Commons Library.