How to Complain Against a Public Authority Successfully

Public authorities in England deliver a wide range of services and make decisions that affect people's everyday lives. These bodies include local councils, central government departments, the NHS in England, and other statutory organisations. When you believe a public authority has acted unlawfully, unfairly, or provided poor service, you may be entitled to file a complaint. Understanding how to make a complaint, which procedures to follow, and what options are available if internal processes fail is essential for protecting your rights and seeking remedies, including compensation, changes to decisions, or improvements to services.

This article explains, step by step, how to file a complaint against a public authority in England, what formal processes apply, how to escalate your concerns, and when you may need to consider legal action or judicial review.

What Is a Public Authority?

A public authority is any body or organisation that performs functions on behalf of the government or statutory obligations. Examples include:

• Local councils responsible for housing, planning, and social services
• Government departments such as HM Revenue & Customs or the Home Office
• The NHS in England and its constituent bodies
• Certain regulatory agencies and statutory commissions

These bodies are responsible for decisions and services that affect the public. When their actions are perceived to be wrong - for example due to administrative errors, failure to follow policy, or poor service delivery - a complaint can be raised. Before pursuing formal action in court, most complaints must go through internal and external review mechanisms.

Step 1: Raise the Issue Informally

Often the first step is to try to resolve the problem informally. This can involve:

• Speaking directly to the person or department responsible
• Contacting the authority's customer services team
• Requesting a meeting to discuss the issue

Informal communication can sometimes lead to a solution without progressing to formal procedures, which can be more time‑consuming. It also creates a record that you have tried to resolve the matter before escalating the complaint.

Step 2: Use the Authority's Formal Complaints Procedure

Almost all public authorities have an internal complaints procedure, often published on their website or available on request. A formal complaint is typically submitted in writing and should clearly state:

• What has happened
• Why you believe the authority has acted improperly or provided poor service
• What outcome or remedy you are seeking

Authorities usually have staged complaints processes with timeframes for responses. For example, many departments acknowledge complaints within a few working days and aim to send a full response within several weeks.

When making a complaint:

1. Follow the published procedure for that authority
2. Provide relevant evidence (such as letters, emails or reference numbers)
3. Keep copies of all correspondence

Completing all stages of the internal complaints process is often a prerequisite for escalating the matter externally.

Step 3: External Review – Ombudsman Services

If you are not satisfied with the outcome of a public authority's complaints process, you may have the right to take your complaint to an ombudsman for independent review. Ombudsman services investigate complaints about maladministration - that is, poor administration, unfair conduct, or failure to follow proper procedures by public bodies.

Parliamentary and Health Service Ombudsman (PHSO)

The Parliamentary and Health Service Ombudsman (PHSO) is an independent body that considers complaints about UK Government departments, certain public organisations, and the NHS in England. Its role is to investigate whether the authority acted fairly and properly and to recommend remedies if things have gone wrong.

Before complaining to the PHSO:

• You must have completed the public authority's own complaints process
• For government departments and many public agencies, complaints must be referred by your Member of Parliament (MP). You ask your MP to submit your complaint to the Ombudsman on your behalf.
• Complaints about the NHS do not require an MP referral.

The PHSO's service is free, and it may recommend apologies, changes to practice, or other remedies, but it cannot enforce its recommendations like a court.

Local Government and Social Care Ombudsman

For complaints about local authorities and related social care services in England, you can apply to the Local Government and Social Care Ombudsman after exhausting the council's internal complaint procedure. This body investigates complaints independently and aims to correct injustice and improve services.

Step 4: Other Ombudsman and Regulatory Bodies

Depending on the nature of the public authority or service, there may be other specialist complaint bodies or regulators you can contact before or instead of judicial review. For example:

• Environmental Ombudsman or Office for Environmental Protection for environmental law breaches (after internal complaints are completed)
• Regulators for specific sectors where the public authority operates (e.g., education or healthcare regulators)

Always check the relevant authority's website or guidance to identify the correct external review body.

Step 5: Judicial Review – Legal Challenge in Court

If your complaint concerns a decision, policy, act or failure to act by a public authority that you believe is unlawfully made, judicial review may be available as a legal remedy. Judicial review is a court procedure in the Administrative Court (part of the High Court) that examines whether a public body's decision was lawful, fair and reasonable. It is not a forum to challenge the merits of the decision itself, but to assess whether the correct legal process was followed.

When Judicial Review Applies

Judicial review may be appropriate where:

• The authority acted outside its legal powers
• There was procedural unfairness
• The decision was irrational or unreasonable
• Human rights or equalities duties were breached

Judicial review is often used after internal and external complaint options have been exhausted, and where no other appeal route exists.

Time Limits and Pre‑Action Protocols

Judicial review claims must be filed promptly and usually within three months of the decision you are challenging. Some decisions (such as planning decisions) may have shorter deadlines.

Before starting court proceedings, claimants normally follow a pre‑action protocol for judicial review, which involves writing to the public authority to explain the issues and request action to resolve them. This can sometimes lead to the authority withdrawing or altering the decision and avoiding formal litigation.

Court proceedings are more complex and can carry cost risks, meaning unsuccessful claimants may be ordered to pay the authority's legal costs. It is advisable to seek qualified legal advice when considering judicial review.

Time Limits and Practical Tips

• Internal complaints: Check the authority's published timeframe; many require complaints to be made soon after the event to enable effective investigation.
• Ombudsman complaints: Time limits vary, generally requiring complaints within 12 months of the matter occurring or after exhausting internal processes.
• Judicial review: Normally within three months of the decision you are challenging.

Practical tips:

• Keep records of all correspondence and responses.
• Use clear, concise language summarising the issue, dates, evidence and desired outcomes.
• Raise concerns promptly to avoid delays or time‑bar issues.

Risks and Limitations

• Ombudsman decisions are recommendations and not legally binding, although public bodies normally comply with them.
• Judicial review is a complex and potentially costly court process; legal advice is strongly recommended.
• Internal complaints procedures must generally be completed before external review bodies will consider a complaint.

Common Questions

Can I complain on someone else's behalf?
Yes, with appropriate permission or authority you can submit a complaint on behalf of someone who is unable to act for themselves, but external review bodies may require proof of consent.

What sort of outcomes can I expect?
Ombudsman investigations can recommend apologies, changes to practice, or compensation in some cases. Judicial review outcomes may quash decisions or order authorities to reconsider lawful procedures, and sometimes courts may award damages if losses are proven.

Is there a cost to complain?
Most complaint processes and ombudsman investigations are free. Judicial review involves court fees and potential legal costs.

Key Takeaways

Filing a complaint against a public authority in England involves a series of structured steps. Start by resolving concerns informally, then use the authority's formal complaints procedure. If unresolved, you may escalate to an ombudsman for independent review or consider judicial review to challenge unlawful decisions through the courts. Being aware of applicable time limits, maintaining clear evidence, and understanding available remedies will help you navigate the complaint process effectively.