Outgoing public services ombudsman calls for modernisation and new powers

Outgoing public services ombudsman calls for modernisation and new powers

Rosemary Agnew

The outgoing Scottish Public Services Ombudsman (SPSO) has called for legislative reform to improve accountability in public services, including by scrapping the requirement for complaints to be made in writing.

Rosemary Agnew, who is preparing to step down after eight years in the role, has repeatedly highlighted the need to modernise SPSO legislation throughout her time leading the organisation.

The SPSO is the final stage for complaints about public service organisations in Scotland.

Ms Agnew said: “To take a complaint orally, I need to have evidence that it is appropriate and that there are ‘special circumstances’. This puts the onus on the complainer to explain what their special circumstances are.

“This does not strike me as either dignified or compassionate, especially for people experiencing digital poverty, don’t have English as a first language, or are unable to write.

“Forcing complainants to write to us presents an unnecessary barrier to justice for those most likely to need it.”

She has also called for the introduction of ‘own initiative powers’ into legislation, enabling the SPSO to investigate issues across public services, in the public interest, and without the need for a formal complaint.

“Own initiative powers would enable SPSO to identify and drive systemic improvements in public services,” she said.

“By empowering the Ombudsman to proactively investigate issues we see, this office could improve public services for those who feel they cannot complain, or intervene where we see injustices before they become a broader problem. This would be one way of giving a voice to the voiceless.”

Ms Agnew added: “The world has changed a lot over the 20 plus years the SPSO has existed, but legislation has not, and I think there is a mismatch.

“Public services across the country are facing mounting pressures and making difficult decisions that could have massive knock-on impacts for the people they serve.

“It is important that people can access justice easily and that where injustices are occurring, we can investigate swiftly.”

Ms Agnew’s eight-year term as ombudsman ended on 30 April 2025. Paul McFadden will take up office as the new ombudsman in October 2025.

Andrew Crawford, a member of the SPSO leadership team, was appointed as the acting ombudsman from 1 May 2025.

Reflecting on her tenure, Ms Agnew said: “Over the past eight years, SPSO has developed a values-, person-centred approach with complainers and public bodies. Own initiative powers will further strengthen that.

“I am confident that my office is in the strongest position that it has ever been to support reform, while protecting the public’s right to complain and get redress where those services are not meeting needs.”

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