We receive many enquiries about how to complain about a service or product and hope this list of ombudsmen and commissioners will be of assistance.
Typically, a customer must first complain to the organisation before escalating the issue to the ombudsman.
Please note that this list is not exhaustive.
Ombudsmen – overview
An ombudsman or commissioner is an appointed official who investigates complaints about organisations. They are independent, free of charge, and impartial. Using an ombudsman or commissioner is a way to resolve complaints without going to court.
Generally, a complaint to an ombudsman must be submitted within a certain timeframe, which can be quite short. Specific guidelines will be available on the ombudsman’s website.
Ombudsmen and commissioners are usually a good alternative to taking court action. This is because court action can be costly and may not result in the desired outcome.
However, the relationship with ombudsmen/commissioners and the courts can be complex. For example, you can’t make a complaint to the Scottish Public Sector Ombudsman in most cases if you could go to court instead.
In many cases, if you are not happy with the decision of an ombudsman, you can reject it and go to court instead. However, options for challenging a decision made by the Scottish Public Services Ombudsman, and some of the commissioners discussed below can be limited.
If you are unsure about whether your complaint qualifies, or what your options will be if you disagree with a decision, you should contact the ombudsman or commissioner in question directly.
Use the links below to quickly navigate through the blog.
Complaints about:
- Public service organisations (e.g. councils, NHS, housing associations, Scottish Government)
- Estate / letting agents
- Financial services, for example a bank or insurance company
- Pension schemes
- Rail companies including ScotRail
- Law firms / lawyers/ solicitors
- Police Scotland / Crown Office and Procurator Fiscal Service (COPFS)
- Behaviour of MSPs and Councillors
- The outcome of a Freedom of Information (FOI) request
- Energy companies
- Consumer complaints
Additional information
Scottish Public Services Ombudsman (SPSO)
The SPSO is the final stage for complaints about most devolved public services in Scotland (e.g. councils, housing associations, the NHS, schools, prisons, Scottish Government).
The Property Ombudsman Scotland
Resolves disputes between consumers and property agents (letting / estate agents) in Scotland.
Financial Ombudsman Service
Settles complaints between consumers and financial services.
The Pensions Ombudsman
Deals with pension complaints.
The Rail Ombudsman
Helps with unresolved customer complaints about rail service providers, including ScotRail.
Scottish Legal Complaints Commission (SLCC)
Deals with law complaints in Scotland (e.g. law firms / solicitors / advocates).
Police Investigations & Review Commissioner
Investigates incidents involving Scottish policing bodies (e.g. Police Scotland, Crown Office, and Procurator Fiscal Service (COPFS)), and carries out complaints handling reviews.
Ethical Standards Commissioner
Investigates complaints about the behaviour of MSPs, local authority councillors, and board members of public bodies.
Scottish Information Commissioner
Promotes and enforces the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.
Energy Ombudsman
Resolves disputes between consumers and energy suppliers, brokers, network operators, and heat network suppliers.
Consumer complaints
Many consumer goods and service providers are not covered by ombudsmen schemes. However, lots of traders participate in sector Alternative Dispute Resolution (ADR) schemes. This can also work as a no- or low- cost alternative to court.
Consumers must usually go through the trader’s internal complaints procedure before accessing ADR. It is also important to consider how independent an ADR scheme is before using it. For example, some schemes enforce sector codes of practice. If you disagree with something a trader has done which is in line with the code of practice, it is unlikely to be resolved via a linked scheme.
In addition, all traders must comply with consumer law, such as the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008.
Consumers can contact Advice Direct Scotland’s consumer service or a Citizens Advice Bureau for advice and options for raising a complaint.
Other helpful sources
Citizens Advice Scotland
Advice on how to complain to an Ombudsman or Commissioner in Scotland.
Shelter Scotland
Advice on housing related complaints and legal action.
Judicial review
There isn’t always a review or appeal route where you disagree with an decision from an ombudsman or commissioner. However, it may be possible to challenge the decision-making process using a court procedure called judicial review. However, judicial review can be expensive and the outcome uncertain. A SPICe briefing has more information.
Lena Phalen, Enquiries Officer
SPICe