Scrutiny of Scottish Public Services Ombudsman

Overview

The Scottish Public Services Ombudsman (SPSO) is the final stage for complaints about most public services in Scotland. This includes services provided by:

• councils,
• the NHS,
• prisons,
• housing associations,
• government agencies and non-departmental public bodies,
• most water and sewerage providers and
• colleges and universities.

The body also has a role in reviewing, and potentially reversing, decisions made regarding applications to the Scottish Welfare Fund.

In 2021, the SPSO became the independent national whistleblowing officer for the NHS.

The Scottish Public Services Ombudsman Act 2002 sets out the SPSO’s powers and duties which cover three distinct areas of statutory functions — 

• The final stage for complaints about most devolved public services in Scotland including councils, the health service, prisons, water and sewerage providers, Scottish Government, universities and colleges;
• Specific powers and responsibilities to publish complaints handling procedures, and monitor and support best practice in complaints handling;
• Independent Review Service for the Scottish Welfare Fund (SWF) with the power to overturn and substitute decisions made by councils on Community Care and Crisis Grant applications. SPSO decisions on SWF matters are binding on councils and must be implemented.

It is funded by the Scottish Parliament Corporate Body (SPCB), although it functions independently of the SPCB. The 2002 Public Services Ombudsman Act requires the SPSO to report annually to the Scottish Parliament on the exercise of his or her functions.

The Committee will be considering the SPSO’s annual report later this year and to support this work we want to hear from you about your experience of the SPSO.

About this call for views 

We're particularly keen to hear from:

• organisations in the third sector
• local authorities
• health boards
• academics
• anyone with direct experience of the SPSO

The Committee are looking for responses to the following questions:

• Is the SPSO allocating its resources effectively to ensure all three statutory elements of its remit are undertaken effectively?
• Is it still appropriate and achievable for the SPSO to deliver all three of its statutory functions?
• To what extent is the Scottish Public Services Ombudsman discharging its duties to deal with complaints effectively?
• How effectively is the SPSO supporting best practice in complaints handling for bodies and how does this balance with its duties to investigate complaints against those same bodies?
• To what extent is the SPSO performing its duties in a way that meets with international standards for ombudsman and how does its performance compare with ombudsman in other countries?
• Is the SPSO performing its functions in such a way as to encourage complaints from all areas of society? Could more be done to broaden access to the complaints process?
• Is the remit of the SPSO and the delineation of that remit from other bodies sufficiently clear?
• Does the SPSO have all the powers it needs to perform its role effectively and how do its powers compare with ombudsman in other countries? Would there be benefit in the SPSO having a power to initiate investigations?
• Is the level of parliamentary scrutiny and oversight of the SPSO sufficient?

How to submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The call for views closes on Friday 11 October.