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Clearing the path to public service complaints

2 September 2010

Reforms to make it easier to complain if you suffer poor public services are today proposed by the Law Commission.

In its latest consultation the Commission, which advises the Government on law reform, suggests a shake-up of procedures to bring consistency to the way the main public services ombudsmen do business and make it easier for the public to seek redress.

The public services ombudsmen have wide-ranging powers to investigate complaints against health service providers, housing associations and a host of Government departments and agencies.

Complaints are dealt with for free and can result in financial compensation and an apology. But the procedures for making a complaint are often outdated and inconsistent. For example, complaints must usually be submitted in writing and in some cases can be made only through an MP.

The proposed reforms will help to keep cases out of court: under current rules the ombudsman should not deal with a complaint after court proceedings have begun, even if the complainant was badly advised to go to court. In future, the Law Commission would like courts to transfer appropriate cases to the ombudsman. Frances Patterson QC, the Law Commissioner leading on the project, said:

“The public services ombudsmen have a vital role to play in providing remedies for administrative injustice suffered by individuals. By improving access to these ombudsmen, we can reduce the burden that falls on the citizen, public bodies and the courts, and realise savings for citizens and government.”

The consultation focuses on five statutory ombudsmen: the Parliamentary Commissioner for Administration, Public Services Ombudsman for Wales, and the Local Government, Health Service and Housing Ombudsmen.

The Commission is seeking responses by 3 December 2010. The consultation paper, “Public Services Ombudsmen”, is available on www.lawcom.gov.uk

Please follow the link to view the summary of the consultation paper.

Please follow the link to view the full consultation paper.

http://www.lawcom.gov.uk/docs/cp196_web.pdf



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