BLOG: Ombudsman Review – where we are now
In 2025, the Committee on Standards in Public Life published a report on ‘Recognising and Responding to Early Warning Signs in Public Sector Bodies’. Their analysis of historic major scandals identified that the public sector all too often fails to identify the early signs of systemic failure. Ignorance of these early warning signs can have catastrophic consequences for the public, as illustrated not only by the Windrush, Infected Blood, and Horizon IT scandals, but also by less high-profile cases of systemic failure that affect the lives of individuals in a manner just as devastating.
Public sector ombuds play a unique role in public life. They are independent of government, and their role as investigators of individual complaints provides them a unique vantage point with which to spot these early warning signs before they erupt into scandal and further compound the damage to the lives of the public.
It is for these reasons that the Ethics and Integrity Commission announced in March that our first review would be into the role of public sector ombuds and whether they should play a more active role in investigating systemic issues before they escalate.
The Commission has heard evidence from a variety of stakeholders: government departments, academics, think tanks, and most importantly, the people the system serves – the public, whose contributions we are most grateful for. Their experiences, not always easy to share, are at the heart of this review, and their over 150 testimonies will be crucial to the shaping of our recommendations.
We have also heard extensively from the ombuds themselves, in England and beyond, who have been immensely gracious with their time and resources. Of particular interest to us has been the success of powers which the Northern Ireland Public Service Ombudsman and Public Service Ombudsman for Wales proudly hold to launch investigations at their own discretion. The evidence suggests that this has had a manifestly positive impact on uncovering maladministration experienced by the most vulnerable members of society whose circumstances may prevent them from raising a complaint of their own accord.
We similarly recognise the positive work public sector ombuds already undertake outside of their casework, and will be considering how this work can be used to best effect across other ombuds. For example, the Public Service Ombudsman has produced an important report on ADHD and autism care, and the Housing Ombudsman Service’s new Complaint Handling Code has provided social housing residents with stronger rights and clearer routes to resolve complaints. We have also seen that while artificial intelligence is in part resulting in more cases reaching the ombuds’ desks, the Local Government and Social Care Ombudsman’s new AI virtual assistant is demonstrating how this new technology can be leveraged in a way that benefits both the public and ombuds in equal measure.
The fact is that there is a vast difference between the public services of the 1960s, when ombuds were first established, and the public services of today. Citizens’ expectations have changed, and pragmatic reform is needed to reflect this. Our consultation process raised a variety of issues from stakeholders, but we believe the emergent themes can be addressed by increased collaboration and a greater emphasis on pre-emptive action from public sector ombuds.
It is clear that there is a balance to navigate between additional powers and burdensome expectations. There is a risk of unintended consequences if ombuds’ resources are diverted to grand-ideas and structural change. The last thing this review would want to do is jeopardise their important work, which is why our recommendations will seek to be a realistic, practical approach to modernising England’s ombuds operations. Ombuds’ exceptional contributions to public life are defined by their dedication to delivering positive outcomes for members of the public, and when the Commission publishes our final report in February, our recommendations will seek to do no less.
Ewen Fergusson