A long-standing rule requires most government department complaints to go through an MP before the Ombudsman can look at them. NHS complaints have never worked that way — and even the department-complaint rule is now being dismantled, piece by piece.
Two services, one office, different rules
The Parliamentary and Health Service Ombudsman (PHSO) is actually two separate statutory roles held by convention by the same person: the Parliamentary Ombudsman (PO), which investigates UK government departments and other public organisations, and the Health Service Ombudsman (HSO), which investigates NHS complaints in England. The so-called "MP filter" — the legal requirement that a complaint be referred by a Member of Parliament — has only ever applied to the Parliamentary Ombudsman's remit. NHS complaints to the Health Service Ombudsman have long had direct access, with no MP referral needed.
The filter is already being phased out for other complaints
Section 27 of the Victims and Prisoners Act 2024 removed the MP filter specifically for complaints under the Victims' Code, effective 29 January 2025 — people can now bring these complaints to the PHSO directly. This followed the earlier removal of a similar "democratic filter" for the Housing Ombudsman in October 2022, which produced an immediate roughly 25% increase in complaints the following month, evidence that the filter itself had been suppressing legitimate complaints rather than simply routing them.
Why full reform hasn't happened yet
A draft Public Service Ombudsman Bill, which would abolish the PHSO and the Local Government Ombudsman and merge them into a single body with the MP filter removed entirely, was published years ago but has not progressed through Parliament. The PHSO's own 2025–2026 strategy explicitly names the MP filter as a barrier it wants reformed, and continues to call for it to be made optional — letting people choose whether to go through their MP or complain directly — rather than removed only for narrow categories of complaint.
What this means for your specific complaint right now
- NHS complaint: no MP filter applies — you can complain to the Health Service Ombudsman directly once you've exhausted the NHS's own complaints process
- Victims' Code complaint: no MP filter applies, as of 29 January 2025 — direct access is available
- Most other government department complaints: the MP filter still applies — your MP must refer the complaint to the Parliamentary Ombudsman on your behalf
If your complaint does need an MP referral
- Contact your constituency MP's office directly — you can find your MP through Parliament's own website using your postcode.
- Provide a clear, written summary of your complaint and confirmation that you've already exhausted the relevant organisation's own complaints process.
- Ask your MP's office to refer the complaint formally to the Parliamentary Ombudsman — this is a standard, routine request MPs' offices handle regularly.
- Keep a copy of the referral and any reference number issued once the Ombudsman receives it.
What this means practically
- NHS complaints have never needed an MP referral to reach the Health Service Ombudsman — check whether you're actually dealing with an NHS or a government department matter before assuming you need your MP.
- Victims' Code complaints gained direct access from January 2025 — a recent, genuine exception to the general rule.
- For complaints where the MP filter still applies, referral through your MP's office is usually a quick, routine administrative step, not an obstacle requiring special persuasion.
- Broader reform to remove the filter entirely remains stalled in draft legislation — don't wait for a reform that hasn't passed if your complaint needs referring now.
Sources
- House of Commons Library — Removal of the 'MP filter' for victims' PHSO complaints: commonslibrary.parliament.uk
- Ombudsman Association — Removing the MP Filter for Victims, comparison to Housing Ombudsman reform: ombudsmanassociation.org
Related Kibbo Tools
- Government Complaint Letter Generator — draft an initial complaint or escalation before it reaches the Ombudsman stage.