Ombudsman Hub

Service complaints and independent reviewers

What Independent Assessors, external reviewers and service-complaint routes can - and usually cannot - do when you are unhappy with an ombudsman service.

First identify what you are actually complaining about.

There are two fundamentally different complaints: “the ombudsman reached the wrong outcome in my case” and “the ombudsman service handled me badly.” The first is a merits challenge. The second is a service complaint. Mixing them can send the complaint to a person who has no power to provide the outcome you want.

Independent does not necessarily mean an appeal court.

Financial Ombudsman Service, Communications Ombudsman and LGSCO all have forms of external or independent service review, but the remit is limited. Communications Ombudsman expressly says its Independent Assessor does not review or overturn the outcome of the original communications dispute. LGSCO’s External Reviewer samples service complaints and cannot become involved in individual complaint casework. FOS’s Independent Assessor considers service complaints, not whether an ombudsman’s merits decision was legally right.

Build a service complaint around service standards.

  • Delay against the scheme’s published service standards.
  • Failure to respond to correspondence or keep you informed.
  • Administrative handling errors.
  • Staff conduct, courtesy or reasonable-adjustment failures.
  • Failure to follow the scheme’s own service-complaint process.

If you want the decision on the actual complaint changed, use the merits route.

Find the scheme’s permitted challenge/review route and deadline. If there is no further internal merits route, declining a decision and considering court action against the original business may be different from trying to challenge the ombudsman itself. Judicial review is a specialist public-law remedy concerned with lawfulness of decision-making and is not a normal merits appeal.

Service complaint does not usually mean a second decision on the merits.

If the concern is delay, communication, staff conduct, accessibility or failure to follow the scheme’s own service standards, a service complaint may be appropriate. If the concern is that the ombudsman reached the wrong outcome, use the scheme’s merits referral, review or challenge route if one exists.

Independent Assessors and similar reviewers are often deliberately limited to service quality. They generally cannot substitute their own view of the underlying consumer dispute simply because the complainant disagrees with the result.

Write the complaint to match the reviewer’s jurisdiction.

Identify the service standard or procedural step, what happened, the evidence, the impact and what service remedy is sought. If a separate decision challenge is also being made, keep it in a separate section or document so a service-review body is not being asked to exercise powers it does not have.

For LGSCO, for example, a post-decision review has limited criteria focused on demonstrably inaccurate important evidence or new relevant information that was not previously available and affects the decision. That is different from a service complaint about the way the office communicated or handled the case.