Public Body Complaint & Failure to Act Solicitors

When a public body refuses to act, delays unreasonably, or fails to carry out its statutory duties, the affected person is entitled to a remedy — not simply an apology. A solicitor will identify the duty and enforce it.

Public bodies — local authorities, NHS bodies, government departments, and regulatory agencies — exercise statutory functions that affect people's lives. Where a public body fails to carry out a statutory duty (whether by refusing to act, delaying to act, or acting inadequately), the person harmed by that failure is entitled to challenge it. The challenge routes are: formal internal complaint; the relevant ombudsman (the Local Government and Social Care Ombudsman, the Parliamentary and Health Service Ombudsman, or the Housing Ombudsman); and, where no other remedy provides adequate redress, judicial review in the High Court. A solicitor will advise on the applicable duty, identify the most effective challenge route, and manage the process to the outcome the client needs.

Local authority & NHS complaints Ombudsman referrals Statutory duty enforcement Free initial consultation

Public Body Complaints & Failure to Act

Public body complaints and failure to act — the duties most commonly breached and the enforcement routes available for each one.

Every public body's power to act comes with a corresponding duty to act lawfully, within time, and in accordance with its statutory functions. Where those duties are not performed, there is a legal remedy — not just a complaint procedure. A solicitor will identify the statutory basis for the duty and pursue the remedy that provides real enforcement.

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Local Government and Social Care Ombudsman (LGSCO)

The LGSCO investigates complaints about local authorities in England — covering social care, housing, planning, benefit administration, and all other local authority functions. The LGSCO can find that the authority committed maladministration — poor administration, failure to follow its own procedures, significant delay, or poor service — and recommend: an apology; financial compensation; action to remedy the injustice; and changes to the authority's procedures to prevent recurrence. Before complaining to the LGSCO, the complainant must exhaust the authority's internal complaints procedure (receiving a final decision). A solicitor will advise on whether the LGSCO is the appropriate route, draft the complaint, and support the complainant through the investigation — ensuring the authority's maladministration and the injustice caused to the complainant are clearly set out and evidenced.

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Parliamentary and Health Service Ombudsman (PHSO)

The PHSO investigates complaints about NHS bodies in England and government departments. Where an NHS body — a GP surgery, a hospital trust, a mental health trust, or a clinical commissioning group — has caused injustice through poor administration or service failure, the PHSO can investigate and recommend compensation and remedial action. Complaints about NHS bodies must first be made to the NHS body itself (using the NHS complaints procedure), and then — if unresolved — to the PHSO. A solicitor will advise on the NHS complaints procedure, draft an effective formal complaint to the NHS body, and — where the NHS body's response is inadequate — support the referral to the PHSO and the investigation. Where the NHS failure amounts to clinical negligence, a solicitor will also advise on the civil litigation route in parallel.

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Housing Ombudsman — social housing and landlord complaints

The Housing Ombudsman investigates complaints about social housing landlords (housing associations and local authority housing departments) in England. Where a social housing landlord has failed to carry out repairs within a reasonable time, failed to respond to damp or mould, failed to manage anti-social behaviour effectively, or failed to follow its own policies in allocating accommodation or dealing with possession proceedings, the Housing Ombudsman can find maladministration and recommend compensation and remedial action. A solicitor will advise on the Housing Ombudsman complaint procedure, draft the complaint to the landlord (a mandatory step before the Ombudsman will investigate), and support the referral to the Housing Ombudsman where the landlord's response is inadequate.

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Failure to carry out statutory duties — enforcement by judicial review

Where a public body is under a statutory duty (not a discretionary power) to carry out a specific function and fails to do so, judicial review is available to enforce the duty. Common examples include: a local authority's duty under s.9 Care Act 2014 to assess a person's care and support needs; a local authority's duty under s.17 Children Act 1989 to provide services to children in need; an NHS body's duty to provide healthcare within a reasonable time; and a local authority's duty under s.193 Housing Act 1996 to secure accommodation for an eligible homeless person. A solicitor will send a pre-action protocol letter requiring the public body to carry out its duty within a specified time — and, if the body fails to comply, issue judicial review proceedings seeking a mandatory order to compel performance of the duty.

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Regulatory failures — challenges to regulators and licensing authorities

Regulatory bodies — the Solicitors Regulation Authority, the General Medical Council, the Financial Conduct Authority, professional licensing bodies, and others — exercise statutory functions that affect individuals and businesses. Where a regulator fails to investigate a complaint, takes disproportionate enforcement action, or fails to follow its own regulatory procedures, the affected person has a right to challenge the failure. Challenge routes vary by regulator: some have statutory appeal processes; others can be challenged by judicial review. A solicitor will identify the correct challenge route for the specific regulatory failure, prepare the challenge, and — where appropriate — seek interim relief to suspend the regulator's action pending the outcome of the challenge.

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Data subject rights and FOI — enforcing access to information

Individuals have the right to access personal data held about them by public bodies (under the UK GDPR and the Data Protection Act 2018), and the right to request other information held by public bodies (under the Freedom of Information Act 2000). Where a public body refuses a subject access request, fails to respond within the 30-day statutory time limit, or refuses a FOIA request without adequate legal grounds, the individual can complain to the Information Commissioner's Office (ICO). A solicitor will advise on the scope of the data subject access right, draft the request, draft the complaint to the ICO where the public body fails to comply, and — where the ICO fails to take enforcement action — pursue the complaint by judicial review or by an application to the First-tier Tribunal (Information Rights).

How It Works

A public body that fails to carry out its statutory duties is not simply making a mistake — it is acting unlawfully. A solicitor will hold the body to account through the most effective available route and ensure the person harmed by the failure receives the remedy they are entitled to.

A solicitor will advise on the statutory duty breached, identify the most effective challenge route — complaint, ombudsman referral, or judicial review — and manage the process from first advice to final outcome.

Submit Your Request
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Tell us about the public body failure

Describe the public body, the statutory duty they have failed to perform, what they did or failed to do, and what impact that failure has had on you.

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Solicitor advises on the duty and enforcement route

A public law specialist identifies the statutory duty, assesses the most effective enforcement route, and manages the complaint, ombudsman referral, or judicial review process.

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Free initial consultation

You receive clear advice on the public body's duty and how it can be enforced — at no cost and no obligation.

Free Initial Consultation

A public body's failure to act is not something the affected person must simply endure. The law imposes enforceable duties — and a solicitor will enforce them.

Get specialist public body complaint and failure-to-act advice — and find out how to hold the public body to account through the most effective available remedy.

Hold the Public Body to Account

Common Questions

Public body complaints and failure to act — what people ask us.

I've complained to the council and got nowhere. What can I do next?

After exhausting the council's internal complaints procedure, you can refer the complaint to the Local Government and Social Care Ombudsman (LGSCO) — the independent body that investigates complaints about local authorities in England. The LGSCO investigates whether the council committed maladministration — poor administration, failure to follow its own procedures, or significant delay — and whether that maladministration caused you injustice. The LGSCO can recommend compensation and remedial action. A solicitor will advise on whether the LGSCO is the appropriate next step, prepare the referral, and support you through the LGSCO investigation — ensuring the council's failures and the impact on you are fully documented and compellingly presented to the LGSCO investigator.

The NHS has failed to provide treatment within the guaranteed waiting time. Can I enforce my right to treatment?

NHS Constitution waiting-time guarantees are enforceable — where an NHS body fails to offer treatment within the standard waiting time (18 weeks from referral to treatment for non-urgent care, 2 weeks from GP referral to first cancer appointment), the patient has the right to be treated elsewhere (at another NHS provider or an independent sector provider) at NHS expense. A solicitor will advise on the patient's rights under the NHS Constitution, draft a formal letter to the NHS body requiring it to arrange treatment within the guaranteed time or facilitate a transfer to an alternative provider, and — where the NHS body fails to comply — advise on the complaint and ombudsman referral routes. In urgent cases, a judicial review with a mandatory order can require the NHS body to arrange immediate treatment.

Can I get compensation from an ombudsman?

Ombudsmen can recommend financial compensation — but their powers are recommendatory, not binding in the same way as a court judgment. In practice, the large majority of public bodies (local authorities, NHS trusts) comply with ombudsman recommendations. The LGSCO's recommended compensation for injustice caused by maladministration typically ranges from a few hundred to several thousand pounds — depending on the severity of the injustice, the distress caused, and any financial loss resulting from the maladministration. The PHSO's recommended compensation for NHS failures follows similar principles. Where the public body refuses to comply with an ombudsman recommendation, the recommendation can be enforced by judicial review — requiring the court to compel the public body to implement the ombudsman's finding. A solicitor will advise on the compensation likely to be recommended and — where appropriate — pursue judicial review enforcement of a non-complied recommendation.

The council has been sitting on my housing application for months without deciding it. What can I do?

Excessive delay by a public body in making a decision it is legally obliged to make is itself an unlawful failure to act — susceptible to judicial review by way of mandatory order. Where a local authority's housing department has failed to carry out a homelessness decision within the statutory time limit, or a planning authority has failed to decide a planning application within the statutory period, a solicitor can send a pre-action protocol letter requiring the authority to make a decision within a specified period — and issue judicial review proceedings if the deadline is not met. Interim relief (an injunction requiring the authority to make a decision) is available in urgent cases. A solicitor will advise on the time limits applicable to the specific decision and the enforcement options available.

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