Complain to an ombudsman or commissioner in Scotland

An ombudsman or commissioner is a person who has been appointed to investigate complaints about an organisation.

Ombudsmen and commissioners are independent, free of charge and impartial - they don't take sides with the person complaining or the organisation being complained about.

Using an ombudsman or commissioner is a way of trying to resolve a complaint without going to court.

In most cases, you must complain to the organisation first before you make a complaint to the ombudsman.

When to complain to an ombudsman or commissioner

You can complain to an ombudsman or commissioner if:

• an organisation hasn't followed its own policies or procedures

• you've experienced rudeness from an organisation's staff

• there's been a delay in taking action or a failure to take action

• you've been treated unfairly compared to others

• you've been given wrong or misleading information.

An ombudsman or commissioner will only look into a case if you've:

• suffered personal injustice, hardship or financial loss because of the action or lack of action of an organisation

• already given the organisation an opportunity to resolve your complaint.

In most cases, the ombudsman or commissioner can't investigate a decision made by an organisation just because you disagree with it, but it can investigate the way a decision was reached.

An ombudsman or commissioner will not investigate your case if it's about to go to court or has been considered in court. In some cases, the ombudsman or commissioner will not investigate cases that could be dealt with by a court or tribunal.

How to complain to an ombudsman or commissioner

Check the ombudsman's or commissioner's website for details about how to make a complaint - most of them have an online form.

You might need to send copies of any paperwork that's relevant to your complaint.

If you'd like help in contacting the ombudsman or commissioner and starting a complaint, you can get help from a Citizens Advice Bureau.

Find an ombudsman

An ombudsman should be a member of the Ombudsman Association (OA). Commissioners are usually members of the OA. Visit the Ombudsman Association website to check if an ombudsman or commissioner is a member.

There are several different ombudsmen and commissioners, including:

• The Scottish Public Services Ombudsman deals with complaints about public services in Scotland, including councils, the NHS, housing associations, colleges and universities, prisons, most water authorities, the Scottish government and the Scottish parliament.

• The Scottish Legal Complaints Commission deals with complaints about lawyers in Scotland.

• The Commissioner for Ethical Standards in Public Life in Scotland investigates complaints about the conduct of councillors, members of devolved public bodies and members of the Scottish parliament (MSPs).

• The Financial Ombudsman Service (FOS) sorts out problems with banks, insurance, PPI, loans, mortgages, pensions and other money and financial issues.

• The Property Ombudsman deals with complaints about estate agents, letting agents and other property professionals.

• The New Homes Ombudsman helps customers fix problems with their new-build homes.

• The Energy Ombudsman can help if you have an unresolved complaint about a gas or electricity company. Read our advice about how to complain to the energy ombudsman.

• The Communications Ombudsman might be able to help if you have a complaint about your internet or telephone provider.

• The Motor Ombudsman might be able to help with complaints about businesses that have signed up to one of its codes of practice.

• The Pensions Ombudsman investigates complaints about pensions administration. They can look into complaints about the actions and decisions of the Pension Protection Fund and some decisions made by the Financial Assistance Scheme.

• The Furniture and Home Improvement Ombudsman can sort out problems when you've bought furniture or other items, for example clothes. The ombudsman can also deal with complaints when home improvements, such as a new bathroom, go wrong.

What happens after you complain

If an ombudsman or commissioner finds that your complaint is justified, they'll recommend to the organisation what it should do to put things right. They can't force an organisation to go along with their recommendations, but organisations almost always do.

Investigations by an ombudsman or commissioner sometimes take a long time. You should be able to find details of likely timescales on the ombudsman's or commissioner's website.