Resolving Complaints
How to make the most of UK Ombudsman services
If you’re struggling to have a complaint resolved with a provider or an organisation, ombudsman services are an effective way of rectifying the issue and gaining reparation.
What is an ombudsman?
An ombudsman is a free and impartial investigator that looks into and aims to resolve complaints. They provide redress for individuals as well as identify systemic issues and provide feedback to help improve services. They are usually appointed by government and typically look into complaints that are lodged by private citizens against public entities such as businesses, universities, financial institutions, businesses and more.
Who are they?
In the UK, a company can only use the term ‘ombudsman’ when permitted to do so by Companies House. The UK Cabinet Office’s sets out Guidance on setting up new ombudsman schemes.
How are ombudsman schemes created?
All ombudsman schemes that are created have to meet the Ombudsman Association’s criteria of Independence, Fairness, Effectiveness, Openness & Transparency and Accountability.
- Parliament create legislation giving the ombudsman scheme compulsory jurisdiction over a particular sector, e.g. the UK Financial Ombudsman Service, the Parliamentary & Health Service Ombudsman and the Public Services Ombudsman for Wales.
- Ombudsman schemes such as the Property Ombudsman or the Energy Ombudsman are not statutory bodies but the requirement for them to cover a specific sector is stipulated in legislation.
- Voluntary ombudsman schemes can be set up in a sector with support from a trade association or industry body, such as the Furniture & Home Improvement Ombudsman, the Motor Ombudsman or the Waterways Ombudsman.
What can they do?
All ombudsman schemes have the power to make decisions on complaints, such as:
- Recommendations to apologise
- Change procedures or processes
- Recommendations to pay compensation
- Compel organisations to provide information and share this with regulators, the police and so on.
Most ombudsman schemes have the power to set standards for complaint handling in their sector.
Some ombudsman schemes have the power to ensure their decisions are enforced through the Courts.
How are their decisions enforced?
Ombudsman decisions that relate to private businesses are legally binding when the complainant accepts the decision, if they do not the ombudsman can take the matter to Court.
Complaints relating to public services are not typically binding, although over 99% of their recommendations are accepted. If their recommendations are not accepted, the Ombudsman will usually have their report considered by Parliament.
What are the different types of ombudsman?
There are two different types of ombudsman.
1. Private sector ombudsmen
If a commercial business is a member of the ombudsman scheme, you can complain to a private sector ombudsman.
These include:
- The Ombudsman Services — help with sectors such as Communications and Energy as well as Domestic & General complaints (heating, TV, video devices etc.) and Parking on Private Land Appeals.
- The Financial Ombudsman Service — investigates issues with banks, insurance, loans, PPI, mortgages and other financial complaints.
- The Pensions Ombudsman — looks into complaints about pension schemes and decisions made by the Financial Assistance Scheme and the Pension Protection Fund but not the State Pension.
- The Motor Ombudsman — deals with complaints about vehicle sales, service or repairs.
- The Legal Ombudsman — investigates and helps resolve legal service disputes
- The Rail Ombudsman — helps with complaints about train companies.
- The Furniture & Home Improvement Ombudsman — handles problems with furniture and other home improvements and retail purchases.
- The Property Ombudsman — resolves disputes between consumers and property agents.
When can you take your complaint to a private sector ombudsman?
If you have an issue with a provider, there are two steps you need to have followed before you can take this complaint to an ombudsman.
You need to have either:
- Waited 8 weeks since your initial complaint to your provider
OR
- Received a Deadlock Letter from your provider
Top tips
- Make sure to collect as much relevant evidence as possible such as dates and times of calls, paperwork and photos. Be able to show how the provider has handled your complaint.
- A Deadlock Letter, ‘Final Response’, ‘Full and Final Position’ or ‘Referral to the Ombudsman’ are all confirmations that you can now take your complaint to the Ombudsman even if it has not been eight weeks since you first made your complaint to your provider.
- When dealing with your provider, make it clear that you are unhappy and you would like to make a formal complaint and work with them to resolve the issue, when this is not possible you should then contact the Ombudsman.
2. Public sector ombudsmen
These types of ombudsman deal with complaints relating to government departments, local councils or organisations that provide local services.
They include:
- The Parliamentary and Health Service Ombudsman — looks into complaints about government departments and some public bodies as well as community health services and NHS hospitals
- The Housing Ombudsman — resolves disputes between tenants or leaseholders and their landlord (if they are a social landlord or a member of the ombudsman scheme)
- The Local Government and Social Care Ombudsman — deals with complaints about local councils, care homes and other organisations providing local public services
- The European Ombudsman — helps with complaints about the bodies and institutions of the European Union.
- The Prisons and Probation Ombudsman — investigates complaints and deaths in custody.
When can you take your complaint to a public sector ombudsman?
Alike private sector ombudsman schemes, you need to attempt to resolve your complaint with the public sector organisation before you take it to an ombudsman. Once you have gone through the organisation’s complaints procedure and have been unsuccessful at getting the issue resolved, then you can head over to the specific ombudsman’s website and follow their process, which is typically an online form.
If the public sector organisation has taken longer than 8 weeks to attempt to resolve your complaint, you can contact an ombudsman service.
If you have already started court action an ombudsman will not investigate your complaint.
Top tips
- Do not wait too long, some ombudsman schemes have a cut off point for complaints they will investigate.
- Collect as much evidence as you can, such as how the organisation has handled your complaint and all contact you have had with them such as phone calls, emails and letters with dates and times.
- When giving dates ensure that they are accurate as they will be checked.
If you haven’t seen a scheme that applies directly to your complaint, the Ombudsman Association has a list of most UK Ombudsman schemes as well as how to contact them.
Citizens Advice also has more information on the different schemes and the process of filing complaints.
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