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Section 5: Ombudsmen and Regulators
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. Ombudsman services:
- are free to use;
- won't normally 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 all parties to the complaint, subject to a right of appeal to the Court of Session on a point of law).
Ombudsmen who belong to the British and Irish Ombudsman Association ( BIOA) are independent from the organisations they investigate. In most cases, the ombudsmen dealing with public organisations (such as 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;
- failing to do something they should have;
- treating you less fairly than other people; and
- giving you wrong or misleading information.
The private-sector ombudsmen (who look at complaints about 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.
When can I use an Ombudsman?
Problems with goods and services
There are ombudsmen schemes for a range of different consumer complaints, including:
- 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 the company or contact the British and Irish Ombudsman Association ( BIOA) (see page 27 for details of how to contact them).
Problems with solicitors or advocates
If you have a complaint about a solicitor or conveyancing and executry practitioner regulated by the Law Society of Scotland, you can complain to the Society (see page 28 for details of how to contact them). If you have a complaint against an advocate, you can complain to the Faculty of Advocates (see page 28). If you are unhappy with the way in which the Law Society or the Faculty of Advocates has handled your complaint, you can complain to the Legal Services Ombudsman (see page 26).
Problems with medical treatment
If you have a complaint about any treatment you've received from the NHS, you can take your case to the Scottish Public Services 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 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 was dealt with by a hospital or health authority.
Problems with housing
The Scottish Public Services Ombudsman deals with complaints against housing associations, registered social landlords and local authorities.
Problems with local authorities
The Scottish Public Services Ombudsman deals with complaints against local authorities.
Problems with government departments
If you have a complaint about a Scottish Government Department, you can take it to the Scottish Public Services Ombudsman. However, if your complaint is about a UK Government Department (for example the Inland Revenue or the Department for Work and Pensions), you should take your complaint to the Parliamentary Ombudsman. You can find out which government departments and public bodies are covered at the website www.ombudsman.org.uk
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.
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.
See 'Ombudsmen' in section 7 for details of how to contact these organisations.
Regulators
Regulators oversee the way certain companies which have a public role behave, and look at complaints from customers. Taking a complaint to a regulator is free. But they can only look at the way your complaint was dealt with, not at what you complained about. You must normally go through the company's own complaints procedure before you contact the regulator.
When can I use a regulator?
Some of the most important regulators are:
- Ofgem, for gas and electricity companies;
- The Water Industry Commissioner for Scotland for water companies;
- Ofcom, for the communications industry; and
- Communities Scotland, Regulation and Inspection Division, for housing and related services.
See 'Regulators' in section 7 for details of how to contact these bodies.
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