PHSO Complaints UK: How to Escalate to the Ombudsman
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Part ofComplain to an Ombudsman UK
The Parliamentary and Health Service Ombudsman, usually shortened to PHSO, is the body that looks at unresolved complaints about the NHS in England and about many UK central government departments and their agencies. It sits at the end of the complaints journey, not the start, so people usually only reach it after the organisation they are unhappy with has already had a chance to put things right.
The service does not charge a fee and is independent of both the NHS and government. This guide walks through what the PHSO does, what you need to do before you contact them, the time limits that apply, and the recent changes to how they handle NHS cases.
If you are thinking about making a complaint, reading this first should save you time and avoid a rejection on a technicality.
Overview
The PHSO is a statutory body created by Parliament to investigate complaints that fall into two broad categories. The first is complaints about NHS services in England, which covers hospitals, GP practices, dentists, pharmacists, mental health services and other NHS-funded care.
The second is complaints about UK government departments and certain public bodies, for example HMRC, the Home Office, the DWP, the Passport Office and HM Courts and Tribunals Service. The Ombudsman looks for maladministration or service failure that has caused an injustice, rather than acting as a court or appeal tribunal.
Where something has gone wrong, the PHSO can recommend remedies such as an apology, a change in process, or in some cases a financial payment. Its decisions are not legally binding in the same way as a court judgment, but public bodies almost always follow its recommendations. The PHSO does not cover devolved services in Scotland, Wales or Northern Ireland, which have their own ombudsman schemes.
Key steps
- Complain to the organisation first. Before the PHSO will look at anything, you need to have raised your concern directly with the NHS body or government department involved and given them a fair chance to respond. For the NHS, that usually means going through PALS or the formal complaints procedure. Keep copies of everything you send and receive.
- Wait for a final response or a reasonable time. The PHSO normally expects the organisation to have issued its final reply before it gets involved. If the body has gone silent or is dragging its feet well beyond what is reasonable, you can explain that when you approach the Ombudsman, but try to evidence the delay with dates and correspondence.
- Gather your evidence. Put together a clear timeline of what happened, the outcome you were hoping for, and why the final response did not resolve things. Include letters, emails, medical records if relevant, and any notes of phone calls. The stronger your paper trail, the easier it is for the PHSO to decide whether to investigate.
- Find an MP if it is a government complaint. By law, complaints about UK government departments have to reach the PHSO through a Member of Parliament. You can approach your own constituency MP or, in practice, any MP willing to refer it. You can look up MPs and their contact details on the parliament.uk website.
- Submit your complaint to the PHSO. Once the earlier steps are complete, use the PHSO's online form or contact their helpline to start your complaint. Be concise, stick to the facts, and make clear what remedy you are looking for. The Ombudsman will then decide whether your case meets its criteria for investigation.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Do I have to pay to complain to the PHSO?
No. The Parliamentary and Health Service Ombudsman is a free service funded by Parliament, and there is no charge for submitting or pursuing a complaint. You also do not need a solicitor to make a complaint, although some people choose to get help from an advocacy service, a charity or a family member when preparing their case.
Q How long do I have to bring a complaint?
The general rule is that you must bring your complaint to the PHSO within twelve months of becoming aware of the issue. The Ombudsman has some discretion to accept later complaints where there is a good reason for the delay, but you should not assume this will apply. Acting promptly once the body has issued its final response is the safest approach.
Q Why do I need an MP for a government complaint?
This is a statutory requirement that dates back to when the Parliamentary Commissioner role was first created. Complaints about UK government departments can only reach the Ombudsman through an MP acting as a filter. This does not apply to NHS complaints in England, which you can send to the PHSO directly without involving a Member of Parliament.
Q What sort of outcome can the PHSO recommend?
If the PHSO upholds a complaint, it can recommend an apology, changes to procedures so the same thing does not happen again, and in some cases a financial payment to recognise the impact on you. The amounts tend to be modest and are not designed to replicate court-awarded damages. The recommendations are not legally binding, but they are almost always implemented.
Q Can the PHSO look at complaints from Scotland, Wales or Northern Ireland?
For devolved services such as the NHS in Scotland, Wales or Northern Ireland, you need to approach the relevant national ombudsman rather than the PHSO. UK-wide government departments, such as HMRC or the DWP, still fall within the PHSO's remit wherever you live in the UK, provided the usual rules on MP referral and time limits are met.
Q What if the PHSO decides not to investigate?
The Ombudsman does not investigate every complaint it receives. If yours is turned away, the decision letter should explain why, for example because you have not exhausted the body's own complaints process or because the matter is outside its jurisdiction. In some cases you can ask for a review of that decision, or pursue the matter through the courts if a legal remedy is available.
Q Is the PHSO the same as a court?
No. The PHSO is an investigative body, not a court, and it does not decide legal rights or award compensation in the way a judge would. It looks at whether a public body has acted with maladministration or delivered poor service. If you need a binding legal remedy, or you are looking at clinical negligence with significant losses, court proceedings may be more appropriate.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Official SourceParliamentary and Health Service Ombudsmanombudsman.org.uk
- Official SourceNHS complaints guidancenhs.uk
- Official SourceFind your MP (parliament.uk)members.parliament.uk
Legal helpline
Unsure whether the PHSO is the right route?
Escalating a complaint to the Ombudsman can feel daunting, especially when you have already spent months going back and forth with an NHS body or a government department. An experienced legal adviser can talk through your situation on the phone and help you think about what to do next based on what you describe.
- A plain-English explanation of how the PHSO process fits your situation
- Practical perspective on whether you have exhausted the earlier steps
- Answers to your specific questions about time limits and MP referral
- Guidance tailored to what you describe about your complaint so far
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.