13. Ombudsmen

Ombudsmen are independent 'referees' who look at complaints about public and private organisations. They are often a last resort when complaints cannot be sorted out through an organisation's own complaints procedure. Ombudsman services:

• are free to use;
• won't normally consider your complaint unless you have first used the complaints procedure of the organisation you have a problem with;
• don't take sides; and
• make decisions that are not binding on you, so you are free to go to court or use another dispute resolution process if you are not happy with their decision. (Except for the Pensions Ombudsman, whose decisions are binding on both you and the company).

Ombudsmen who belong to the British and Irish Ombudsman Association (BIOA) are independent from the organisations they investigate.

In most cases, the ombudsmen dealing with public organisations (such as government departments) can only review how a decision was made and:

• say whether there was 'maladministration' in the way it was made; and
• whether it resulted in an injustice.

They don't look at whether or not the decision itself was right. Maladministration can include:

• an organisation or department not following its own policies or procedures;
  rudeness;
• taking too long to do something;
• failing to do something they should have;
• treating you less fairly than other people; and
• giving you wrong or misleading information.

The private-sector ombudsmen (who look at complaints about companies, for example) can generally look at whether a decision was fair and reasonable based on industry standards of good practice. They can also award you compensation if they agree with your complaint.

When can I use an ombudsman?

Problems with goods and services

There are ombudsmen schemes for a range of different consumer complaints, including:

• estate agents;
• financial services (banks, investments and insurance, for example);
• pensions; and
• telephone services.

If a company you have a problem with is a member of an ombudsman scheme, it should make this clear in a brochure, for example, or on its letterhead. If you are not sure, ask the company or contact the British and Irish Ombudsman Association (BIOA).(see page 14 for details of how to contact them)

Problems with solicitors

If you have a complaint about a solicitor, you can complain to the Office for the Supervision of Solicitors if you are not happy with the way the solicitor has dealt with your complaint. If you are unhappy with how the Office for the Supervision of Solicitors has handled your complaint, you can then go to the Legal Services Ombudsman.

Problems with medical treatment

If you have a complaint about any treatment you've received from the NHS, you can take your case to the Health Service Ombudsman. However, the ombudsman will only look at your case if you have already been through the NHS complaints procedure and you are not happy with the result.

The Health Service Ombudsman can consider various complaints, including those about:

• poor-quality care or treatment;
• poor-quality service;
• not giving you a service that you should have had;
  a delay in your care or treatment;
• rudeness; and
• the way your complaint was dealt with by a hospital or health authority.

Problems with housing

The Independent Housing Ombudsman deals with complaints from people whose have a 'registered social landlord'. These are normally housing associations, but also many landlords who manage homes that used to be run by local councils. Some private landlords are also members of the scheme.  The Local Government Ombudsman (LGO) deals with complaints from theants in local authority housing.(see page 14 for details of how to contact them)

Problems with local authorities

If you have a complaint about a local authority (LGO).(see page 14 for details of how to contact them).

They will look at complaints about about most services provided by your local authority including:

• council housing transfers, allocations and repairs;
• problems with your child's education (for example, being given a place at a school, being excluded, or being assessed for special educational needs);
• social services;
• Housing Benefit;
• Council Tax; and
• planning.

Problems with government departments

If you have a complaint about a government department, you can take it to the Parliamentary Ombudsman. If your complaint is about the National Assembly for Wales and some public organisations concerned with Welsh issues, you can take it to the Welsh Administration Ombudsman. The Parliamentary Ombudsman will look at a range of complaints, including those about:

• the Benefits Agency or Jobcentre Plus;
• access to official information; and
• the courts (but not about judges or their decisions).

You can find out which government departments and public bodies are covered at the website www.ombudsman.org.uk.

If you want to take your complaint to the Parliamentary Ombudsman, you must first send it to a member of parliament (MP). They will pass it on to the ombudsman. In Wales, you can complain directly to the Welsh Administration Ombudsman.

Problems with the Shild Support Agency

If you have a complaint about the Child Support Agency, you can take it to the Independent Case Examiner.