Ombudsman System

Introduction

The ombudsman system in the United Kingdom provides a mechanism for investigating complaints about maladministration by public bodies. It offers a form of redress that is an alternative to the courts, providing a less formal, more accessible, and less expensive means of holding public authorities to account. The system comprises several ombudsman offices, each with jurisdiction over different public services. The Parliamentary and Health Service Ombudsman investigates complaints about UK government departments and the NHS, the Local Government and Social Care Ombudsman investigates complaints about local authorities, and specialist ombudsmen cover sectors such as housing, legal services, and financial services.

The Parliamentary Ombudsman

The Parliamentary Ombudsman (formally the Parliamentary Commissioner for Administration) was established by the Parliamentary Commissioner Act 1967. The Ombudsman is an independent officer appointed by the Crown, who investigates complaints from members of the public about maladministration by UK government departments and certain other public bodies. The Ombudsman reports to Parliament, not to the government, and is accountable to the Public Administration and Constitutional Affairs Committee (formerly the Select Committee on the Ombudsman). The Ombudsman can investigate a wide range of administrative failures, including delay, incompetence, bias, unfairness, and failure to follow proper procedures. The Ombudsman cannot investigate matters that are within the jurisdiction of the courts or that involve the merits of government policy. The Ombudsman has the power to require the production of documents and to compel the attendance of witnesses. The Ombudsman’s findings are not legally binding, but the government has accepted the Ombudsman’s recommendations in the great majority of cases.

The MP Filter

The MP filter is a distinctive feature of the Parliamentary Ombudsman system. Under the Parliamentary Commissioner Act 1967, complaints to the Parliamentary Ombudsman must be referred through a Member of Parliament. The complainant must first write to their MP, and the MP then decides whether to refer the complaint to the Ombudsman. The filter was designed to maintain the constitutional role of MPs in representing their constituents and to prevent the Ombudsman from being overwhelmed with complaints. It has been widely criticised as an unnecessary barrier to access, and the Public Administration and Constitutional Affairs Committee has repeatedly recommended its removal. The Health Service Ombudsman does not require an MP filter, and the contrast has highlighted the filter’s anomaly. The government has resisted abolition, arguing that the filter enables MPs to raise matters directly with ministers and that it provides a valuable triage function.

The Health Service Ombudsman

The Health Service Ombudsman (formally the Health Service Commissioner for England) investigates complaints about the National Health Service in England, including hospitals, GP practices, and other health service providers. The office was created by the National Health Service Reorganisation Act 1973 and is now combined with the Parliamentary Ombudsman: the same person holds both offices, though they are legally distinct. The Health Service Ombudsman investigates complaints about clinical judgment as well as administrative matters, and can consider the quality of clinical care provided by healthcare professionals. The Ombudsman has significant powers of investigation, can require the production of medical records and other documents, and can recommend remedies including financial compensation. The Ombudsman’s decisions have led to significant policy changes in the NHS, including reforms to the handling of complaints about hospital mortality (the Morecambe Bay investigation) and to the NHS Continuing Healthcare funding process.

The Local Government Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) investigates complaints about local authorities in England, including councils, social care providers, and some other local public bodies. The office was established by the Local Government Act 1974 and is now governed by the Local Government and Social Care Ombudsman (Investigations) Regulations 2024. The LGSCO investigates complaints about maladministration by councils in areas such as housing, planning, education, social services, and local taxation. It also investigates complaints about adult social care provided by private care homes and home care agencies. The LGSCO has powers to recommend remedies including financial compensation (up to specified limits), apologies, and changes to procedures. The Ombudsman’s decisions are not legally binding but are generally complied with. The Housing Ombudsman handles complaints about social housing landlords, and the Housing Ombudsman Service operates alongside the LGSCO for housing complaints.

The Maladministration Principle

The concept of maladministration is central to the ombudsman system. The Parliamentary Commissioner Act 1967 does not define maladministration, but the classic formulation was given by Richard Crossman, the Leader of the House of Commons, who described it as covering “bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude, arbitrariness and so on.” The Ombudsman has developed guidelines on what constitutes maladministration, distinguishing it from policy decisions (which cannot be investigated) and from matters that should properly be decided by the courts. Maladministration can include procedural failures (failure to follow published procedures), communication failures (poor explanation of decisions), delay (unreasonable slowness in dealing with matters), faulty record-keeping, discrimination, and failure to provide information. The Ombudsman’s role is to assess whether the complainant has suffered injustice as a result of maladministration and to recommend a remedy.

The Ombudsman and the Courts

The relationship between the ombudsman and the courts is complementary rather than competitive. The ombudsman offers a non-legal remedy that is cheaper, quicker, and less formal than judicial review. The ombudsman can consider matters that the courts cannot—including the merits of administrative decisions and cases where no legal error has occurred. The length of time before the ombudsman may make damages available that would not be available in judicial review. The ombudsman may also provide a remedy where the courts would find no illegality but the administration has nonetheless been unfair or incompetent. The courts can judicially review the ombudsman’s decisions on grounds of illegality, irrationality, or procedural impropriety. In R (Bradley) v Secretary of State for Work and Pensions (2008) , the court held that a minister’s rejection of the ombudsman’s findings was subject to judicial review and could be challenged on normal public law grounds.

The Commission for Local Administration

The Commission for Local Administration oversees the local government ombudsman system in England. The Commission comprises the Local Government and Social Care Ombudsman and such other commissioners as are appointed. The Commission has statutory powers to conduct investigations and to recommend remedies. The Local Government Ombudsman (now LGSCO) has developed principles of good administration, which set out the standards that the ombudsman expects public bodies to meet. These include getting it right, being customer-focused, being open and accountable, acting fairly and proportionately, putting things right, and seeking continuous improvement. The Commission has the power to issue a report on an investigation and to recommend a remedy, with the expectation that the authority will comply.

Conclusion

The ombudsman system provides an important mechanism for holding public authorities to account for maladministration, offering a remedy that is accessible, informal, and effective. The Parliamentary Ombudsman, the Health Service Ombudsman, and the Local Government and Social Care Ombudsman provide comprehensive coverage of complaints against government departments, the NHS, and local authorities. The MP filter for the Parliamentary Ombudsman remains a significant barrier to access and has been widely criticised. The ombudsman system operates alongside the courts, providing remedies for maladministration that the legal system cannot address. The ombudsman’s powers to investigate, recommend, and report provide a flexible and effective means of improving public administration and securing redress for injustice caused by administrative failure.