The number of applications to tribunals increases annually. Whilst Ombudsmen do their best to ensure disputes are managed effectively, frequently, one party is not satisfied and chooses to pursue their claim via a tribunal. The tribunal system is overloaded. An alternative is to seal Expert Legal Advice.
Expert Legal Advice offer low cost, fast legal advice for a basic payment of just £20. They will reply swiftly to emails and help you resolve your legal problem or give you advice on the best steps to take.
This is one of five articles on ‘Methods of dispute resolution’. You can find links to the other articles at the bottom of the page.
Ombudsman
Ombudsmen are independent 'referees' who look at complaints about public and private organisations. They are often a last resort when complaints cannot be sorted out through an organisation's own complaints procedure.
They are advantageous because they:
Are free to use;
Won’t consider your complaint unless you have first used the complaints procedure of the organisation you have a problem with;
Don’t take sides, and;
Make decisions that are not binding on you, so you are free to go to court or use another dispute resolution process if you are not happy with their decision. (Except for the Pensions Ombudsman, whose decisions are binding on both you and the company).
Ombudsman who belong to the British and Irish Ombudsman Association (BIOA) are independent from the organisations they investigate.
In most cases, the Ombudsman dealing with public organisations (such as local authorities or government departments) can only review how a decision was made and say whether:
There was 'maladministration' in the way it was made, and;
Whether it resulted in an injustice.
They don't look at whether or not the decision itself was right.
Maladministration can include:
An organisation or department not following its own policies or procedures;
Rudeness;
Taking too long to do something;
Not doing something they should have;
Treating you less fairly than other people, and;
Giving you wrong or misleading information.
The private-sector ombudsman (who looks at complaints about banks and insurance companies, for example) can generally look at whether a decision was fair and reasonable based on industry standards of good practice. They can also award you compensation if they agree with your complaint.
Ombudsman for problems with goods and services
There are Ombudsman schemes for a range of different consumer complaints, including complaints about:
Estate agents;
Financial services (banks, investments and insurance, for example);
Pensions, and;
Telephone services.
If a company you have a problem with is a member of an ombudsman scheme, it should make this clear in a brochure, for example, or on its letterhead. If you are not sure, ask Expert Legal Advice.
Ombudsman for problems with solicitors
If you have a complaint about a solicitor, you can complain to the Office for the Supervision of Solicitors if you are not happy with the way the solicitor has dealt with your complaint. If you are unhappy with how the Office for the Supervision of Solicitors has handled your complaint, you can then go to the Legal Services Ombudsman.
Ombudsman for problems with medical treatment
If you have a complaint about treatment you've received from the NHS, you can take your case to the Health Service Ombudsman. However, the ombudsman will only look at your case if you have already been through the NHS complaints procedure and you are not happy with the result.
The Health Service Ombudsman can consider various complaints, including those about:
Poor-quality care or treatment;
Poor-quality service;
Not giving you a service that you should have had;
A delay in your care or treatment;
Rudeness, and;
The way your complaint a hospital or health authority dealt with a complaint.
Ombudsman for problems with housing
The Housing Ombudsman Service deals with complaints from people whose have a 'registered social landlord'. These are normally housing associations, but may also be landlords who manage homes that used to be run by local councils. Some private landlords are also members of the Housing Ombudsman scheme. The Local Government Ombudsman (LGO) deals with complaints from tenants in local authority housing.
Ombudsman for problems with local authorities (councils)
If you have a complaint about a local authority (council) you should contact the Local Government Ombudsman. They will look at complaints about most services provided by your local authority including:
Council housing transfers, allocations and repairs;
Problems with your child's education (for example, being given a place at a school, being excluded, or being assessed for special educational needs);
Social services;
Housing Benefit;
Council Ta, and;
Planning.
Ombudsman for problems with government departments
If you have a complaint about a government department, you can take it to the Parliamentary Ombudsman. If your complaint is about the National Assembly for Wales or some public organisations concerned with Welsh issues, you can take it to the Public Services Ombudsman for Wales. The Parliamentary Ombudsman will look at a range of complaints, including those about:
The Benefits Agency or Jobcentre Plus;
Access to official information, and;
The courts (but not about judges or their decisions).
If you want to take your complaint to the Parliamentary Ombudsman, you must first send it to a member of parliament (MP). They will pass it on to the ombudsman. In Wales, you can complain directly to the Public Services Ombudsman for Wales.
Ombudsman for problems with the Child Support Agency
If you have a complaint about the Child Support Agency, you can take it to the Independent Case Examiner.
Complaints about gas, electricity, water and telephone companies
Regulators oversee the way gas, electricity, water and telephone companies behave. The three main regulators in England and Wales are:
Of gem, for gas and electricity companies;
Of watt, for water companies, and;
Of com for telephone and internet service providers.
However, regulators do not normally deal with individual consumer complaints. If you have a complaint about a gas, electricity, water or telephone company, you should first complain to the company direct. If you are not satisfied with the way the company has dealt with your complaint, you can take it to one of the independent consumer complaints bodies:
For a gas or electricity company, Energy watch;
For a water company, the Consumer Council for Water;
For a telephone or internet service provider, there are two complaints bodies: CISAS (the Communications and Internet Services Adjudication Scheme) and Otelo (the Office of the Telecommunications Ombudsman). You should contact the one your phone company or internet service provider is a member of.
Details of Ombudsman offices
1.
Ombudsman to investigate a UK government department, or one of it’s agencies or the NHS:
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