CHG1220 - Complaints to the Parliamentary Ombudsman: Interaction with the Ombudsman's Office

When the Ombudsman receives a complaint from a Member of Parliament, staff in the Ombudsman鈥檚 Office decide whether they need any additional information or copies of correspondence from either the complainant or the department to make a decision on the case. If they approach us they will probably request sight of the papers or ask for further information in order to prepare a response.

The Ombudsman鈥檚 Office caseworker may find it helpful to discuss certain aspects of the case with you. Be prepared to help the Ombudsman鈥檚 Office with their review. Do not automatically assume that, by asking difficult or probing questions, the Ombudsman鈥檚 Office are implying that we should have taken a different decision. Often, they will merely be seeking fully to understand the rationale behind our decisions, to assess why they were made and the extent to which they were reasonable in all the prevailing circumstances. We should have asked ourselves similar questions during our own investigations.

Although we are under no legal requirement to do so, HMRC expects to accept and implement the Ombudsman鈥檚 recommendations. Where the Ombudsman encounters a refusal to implement their recommendations, they have the power to lay a report before Parliament.聽In no circumstances, therefore, should you refuse to implement the Ombudsman鈥檚 recommendations. Any such decision would be taken only following consultation with CCAST and CPST.

If you receive a letter about a complaint under investigation by the Ombudsman:

  • tell your business unit director鈥檚 team, or equivalent if appropriate
  • send a copy of the letter to the Ombudsman鈥檚 Office
  • tell the customer what action you have taken.

If you receive a complaint about the way the Ombudsman has investigated a complaint or the Ombudsman鈥檚 recommendations, explain that:

  • as the Ombudsman is independent of HMRC it would be inappropriate to comment on their actions and that you will forward a copy of the complaint to the Ombudsman鈥檚 office
  • any further correspondence as to the Ombudsman鈥檚 investigation must be addressed to the Ombudsman鈥檚 Office.

CPST聽are the central policy liaison point for the Ombudsman鈥檚 Office.聽CCAST聽provide detailed help and advice on individual cases being investigated by the Ombudsman.