The Ombudsmen’s remit and powers
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The Health Service Ombudsman’s remit
- By virtue of the Health Service Commissioners Act 1993, the Health Service Ombudsman is empowered to investigate complaints about the NHS in England. In the exercise of her wide discretion she may investigate complaints about NHS organisations such as trusts, family health service providers such as GPs, and independent persons (individuals or organisations) providing a service on behalf of the NHS.
- In doing so the Health Service Ombudsman considers whether a complainant has suffered injustice or hardship in consequence of a failure in a service provided by the organisation, a failure by the organisation to provide a service it was empowered to provide, or maladministration in respect of any other action by or on behalf of the organisation. If she finds that service failure or maladministration has resulted in an injustice, she will uphold the complaint. If the resulting injustice is unremedied, she may recommend redress to remedy any injustice she has found.
The Local Government Ombudsman’s remit
- Under the Local Government Act 1974, part III, the Local Government Ombudsman has wide discretion to investigate complaints of injustice arising from maladministration by local authorities (councils) and certain other public organisations. She may investigate complaints about most council matters, including the provision of social care.
- If the Local Government Ombudsman finds that maladministration has resulted in an unremedied injustice, she too will uphold the complaint and may recommend redress to remedy any injustice she has found.
Powers to investigate and report jointly
- The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 clarified the powers of the Health Service Ombudsman and the Local Government Ombudsman, with the consent of the complainant, to share information, carry out joint investigations, and produce joint reports in respect of complaints that fell within the remit of both Ombudsmen.
- In this case, the Ombudsmen agreed to work together because the health and social care issues were so closely linked. A co-ordinated response, consisting of a joint investigation leading to the production of a joint conclusion and proposed remedy in one report, seemed the most appropriate way forward.
