Ombudsmen

• What is an ombuds?

  An ombuds is an official appointed to investigate individuals' complaints against an organization, especially a government agency or large corporation.
• What power do all ombuds have

  • All have the power to investigate and make decisions on complaints brought to them
• What outcomes can ombuds produce?

  • Recommendations for an apology
  • Change processes and procedures
  • Pay compensation
• What are the two roles of the Parliamentary and Health Service Ombudsman?

  • The Parliamentary Ombudsman can investigate individual's complaints about experiences with government departments
  • The Health Ombudsman looks at complaints about the NHS
• Which statutes give the PHSO their power?

  • Parliamentary Ombudsman - The Parliamentary Commissioner Act 1967
  • Health Ombudsman - The Health Service Commissioners Act 1993
• How does one make a complaint to the PHSO?

  Through an MP on the behalf of a member of public who claims to have suffered injustice as a result of maladministration
• What must be present when the PHSO investigates an individual complaint?

  • The body or bodies are within their jurisdiction
  • The actions complained about were taken in the exercise of that body's administrative functions
• What can PHSO recommend to the public body to correct the error?

  • Acknowledgment of their mistakes
  • Apology
  • Payment
  • Improvement of public services
• The recommendations made by ombudsmen are not legally binding and they have no enforcement power
• Public authorities can challenge the legality of an ombudsman’s decision in the courts, or they can refuse to comply and await the political consequences.
• What were the PHSO findings concerning the women's state pension age?

  • Since 1995, they failed to provide adequate information about the changes to the women's pension age
  • Had 17 months to inform women of the changes
  • 1.1 million women were affected by equalisation of women’s State Pension age under the 1995 Act alone.
  • 2.7 million women have had their State Pension age increased
  • Found to be inadequate administration
• What was the decision in R (Delve) Secretary of State for Work and Pensions 2019?


  • There was no legal duty to report the changes
  • The steps taken were adequate
• What is the relationship between ombuds and the court?

  • Court provides oversight for ombuds
  • Judicial review is the appropriate solution to legal oversight of the ombuds
  • Judicial review helps ombuds manage their disputes with aggrieved complaints
• What reform has been suggested?

  The Draft Public Service Ombudsman bill was a proposal to make a single Public Service Ombudsman for the UK
• How are ombuds held accountable?

  • The Public Administration and Constitutional Affairs Committee scrutinises the PHSO's annual report and if they fail in quality and standards PACAC may use them to hold the government to account