The guide guides you through the process of referring service users to the Ombudsman.
It explains:
- what the Parliamentary and Health Service Ombudsman is
- what the Ombudsman’s service does and where it fits into government organisations' complaints processes of government organisations
- how to refer someone to the Ombudsman if they are unhappy with your response to their complaint.
This guide is one of the Good complaint handling series, designed to help you meet the UK Central Government (UKCG) Complaint Standards. Read it alongside the UKCG Model complaint handling procedure and other Good complaint handling guides.
What standards and guidance are relevant to this guide?
- The Complaint Standards set out expectations to help you deliver good complaint handling in your organisation.
- Handling of Ombudsman cases: guidance for departments sets out how departments, agencies and non-departmental public bodies should handle a complaint that needs to be referred to the Ombudsman.
Giving fair and accountable responses
- Colleagues make sure they tell people about their right to escalate a complaint to the next stage if they are not satisfied with the response at the end of the organisation’s complaint process. This includes escalating to any independent second tier complaint handler or to the Parliamentary and Health Service Ombudsman via their MP.
The Cabinet Office's guidance for departments on handling Ombudsman cases explains how departments, agencies and non-departmental public bodies should handle an Ombudsman case. It also sets out the steps of an investigation and the issues you need to keep in mind. The guidance is available online: Handling of Ombudsman cases: guidance for departments.
What you need to do
First, you need to understand what the Parliamentary and Health Service Ombudsman does and when you should refer people to us.
The Ombudsman independently investigates complaints about UK government departments, other public organisations and the NHS in England. We believe complaints have the power to reveal the truth, create lasting change and inspire a better relationship between people and public services. Our service is free, fair and open to everyone.
The Ombudsman is the last stage of the UK central government complaints procedure. Before someone comes to us, they need to complain to your organisation and give you a chance to respond to their concerns.
Every year lots of people complain to the Ombudsman too early, before they have received the final written response from the organisation they are complaining about.
If someone is unhappy or unsure about this, refer them to the Ombudsman’s website or helpline (0345 015 4033), to check.
If someone is unhappy about how your organisation has answered their complaint, they have a right to ask the Ombudsman to look into it for them. You need to make sure they are aware of this.
- Explain the Ombudsman’s role in any information you provide about your complaints process. This includes on your website and in any leaflets or letters that explain how your organisation deals with complaints.
- Tell service users and anyone representing them that they must approach their Member of Parliament (MP) and ask them to put their complaint to the Ombudsman.
- Make sure your final written response to every complaint explains that if the person wants to take the matter further, they can approach the Ombudsman. See the sample paragraph below.
- Explain that the Ombudsman’s service is free to everyone.
- Give details of the Ombudsman’s website and helpline (0345 015 4033).
- Tell service users about any advice organisations or charities that might support them when they make a complaint.
- If the Ombudsman’s casework staff believe your organisation can do more to resolve a complaint, they may contact you to discuss this.
There are time limits for complaining to the Ombudsman, so tell service users they need to contact the relevant MP as soon as possible. This should ideally be no later than 12 months from the point when they became aware they had something to complain about.
If the complaint, or any part of it, is about an organisation that the Parliamentary and Health Service Ombudsman cannot investigate, you should signpost the service users to any other organisation that might be able to help them.
If you are unsure about which organisation to refer the person to, there is information on the Ombudsman Association’s website.
You can also read What we can and can't help with or call our helpline on 0345 015 4033 for advice.
Examples and resources
Referral paragraph to include in final responses
‘If you are not happy with how we have dealt with your complaint, and you would like to take the matter further, you can ask your MP to refer the matter to the Parliamentary and Health Service Ombudsman. The Ombudsman service is free for everyone. There is a time limit for making your complaint, so you should refer your complaint to your MP as soon as possible. To find out more about the Ombudsman's service visit www.ombudsman.org.uk or call 0345 015 4033.’
Ombudsman leaflet
This is for people who have completed your organisation’s complaints process and now want to take things further. You should give this to service users when you send them their final written response to a complaint. Download our How we can help you leaflet [PDF 2MB].
Guidance for departments on handling Ombudsman cases
This notice by the Cabinet Office explains how departments, agencies and non-departmental public bodies should handle an Ombudsman case. It also sets out the steps of an investigation and the issues you need to keep in mind. The guidance is available online: Handling of Ombudsman cases: guidance for departments [PDF