PHSO· 11 min read· Updated 8 June 2026
The Parliamentary and Health Service Ombudsman
The PHSO investigates complaints of maladministration against UK government departments and the NHS in England. Since January 2025 you can complain to the PHSO directly about Victims' Code failures by criminal justice agencies, without first being referred by an MP. It is slow, procedural and powerful when used in the right place.
What the PHSO is
Two combined statutory offices: the Parliamentary Commissioner for Administration (established 1967) and the Health Service Commissioner for England (established 1973). The Ombudsman investigates maladministration and service failure by UK government departments, their agencies, and the NHS in England. Reports to Parliament; independent of the bodies it investigates.
What the PHSO can investigate
- UK government departments and their executive agencies (including the Home Office, MoJ, HMCTS, Legal Aid Agency)
- The CPS (as the criminal justice agency that handles Victims' Code complaints arising from prosecution decisions)
- NHS bodies in England
- From January 2025: Victims' Code complaints against criminal justice agencies on a direct-access basis
What the PHSO cannot do
- Investigate the police directly (that is for the IOPC and force PSDs)
- Investigate a criminal court's judicial decisions (separation of powers)
- Award damages: it can recommend remedies including financial compensation, but not as damages
- Investigate a private body, a local authority (Local Government and Social Care Ombudsman for those), or a devolved body
- Override a court decision
The MP filter, and its removal for Victims' Code complaints
Historically, complaints to the Parliamentary Ombudsman side of the PHSO required referral by an MP. The health side has always been direct-access. From January 2025, Victims' Code complaints against criminal justice agencies can be made directly to the PHSO without MP referral, following recommendations of the Victims' Commissioner and a change in PHSO practice. The MP filter remains for other Parliamentary-side complaints.
How to complain
- Complain to the agency first and exhaust its internal process
- Document the Victims' Code right(s) you say were breached
- Apply within 12 months of becoming aware of the issue (extensions available for good reason)
- Submit the complaint to PHSO via the online portal or in writing
- PHSO assesses whether to investigate; not every complaint is investigated
Remedies the PHSO can recommend
- Apologies, both individual and public
- Reconsideration of a decision
- Financial remedy for distress, inconvenience or actual financial loss
- Changes to policy or procedure to prevent recurrence
- Public reports laid before Parliament identifying systemic failures
Why this route matters
Victims' Code failures in cases of misidentification, stalking and digital evidence failure are often extensive: the right to be recognised as a victim, to be updated, to have decisions explained, to be referred to support. PHSO creates a formal record of institutional failure and can require real remedies. Exhausting it also preserves further legal options.
Sources
- Parliamentary Commissioner Act 1967
- Health Service Commissioners Act 1993
- PHSO, Service Charter and How to Complain guidance
- Victims' Commissioner, Direct access to PHSO for Victims' Code complaints, 2024