What the Ombudsman does
The Ombudsman examines whether a covered public body acted fairly in providing a service or making an administrative decision. Bodies within its remit include government departments, local authorities and the HSE. The Ombudsman is independent and impartial: it considers the position of both the complainant and the body.
Following a complaint
| Step | What happens |
|---|---|
| 1. Complain to the provider | Explain the problem and give the body an opportunity to respond. |
| 2. Contact the Ombudsman | If still dissatisfied, check the remit and time limits and provide relevant correspondence. |
| 3. Examination | The office considers the complaint and the body’s response impartially. |
| 4. Outcome | It may recommend a remedy; a recommendation is not a court order. |
How to complain
First raise the problem with the service provider and give it an opportunity to respond. If you remain dissatisfied, contact the Ombudsman. Complaints should normally be made within 12 months of first complaining about the action or becoming aware of it, although the office may consider a later complaint in very special circumstances. Check the office’s guidance for its remit and application process.
What can happen
The Ombudsman can seek information, examine a complaint and recommend a remedy, such as an apology, a review of a decision or corrective action. Recommendations are not court orders. The Ombudsman cannot examine every issue or body; for example, there are separate complaint routes for some services.
Preparing a useful complaint
Explain what happened, when it happened and why you believe the outcome or process was unfair. Include the decision and relevant correspondence, and describe the remedy you seek. Keep copies of what you send. The office will check whether the complaint falls within its powers and whether the body has had a chance to respond.
What review can achieve
Suppose a person believes a local authority failed to explain a housing decision. After the authority’s complaints process, the Ombudsman may examine the administration and recommend an explanation or a fresh review if appropriate. This does not guarantee a particular housing allocation. The office considers evidence and the law as well as the complainant’s account.
Fairness and the decision
The Ombudsman can consider how a public service reached or communicated a decision. For example, was relevant information considered, were procedures followed, and was a person given a proper explanation? A complaint can concern delay or poor administration as well as the outcome. The answer depends on the evidence and the powers governing the service.
Choosing a route
The Ombudsman’s remit is not identical to a court’s powers or to every statutory appeal. Some complaints have specialist bodies and some decisions have appeal procedures with their own deadlines. Read the decision letter and the Ombudsman’s guidance carefully. Making a complaint does not necessarily stop a separate appeal or court deadline.
What the office can and cannot resolve
The Ombudsman looks at administrative fairness within a statutory remit. It can ask a body for information and, where it finds a complaint justified, recommend steps to put matters right. The appropriate remedy depends on the problem: an explanation or apology may suit one case, while reconsideration or corrective action may suit another. The office does not act as the complainant’s lawyer and cannot promise the outcome the complainant wants. It also cannot replace every statutory appeal or examine every organisation. Check the decision letter for appeal rights and deadlines, because pursuing a complaint does not automatically suspend them.