Policy background Removal of MP filter in relation to victims’ complaints referred to the Parliamentary Commissioner for Administration
The Parliamentary and Health Service Ombudsman (PHSO) combines the two statutory roles of Parliamentary Commissioner for Administration (PC) and the Health Service Commissioner for England. The Parliamentary Commissioner can investigate, and make final decisions on, all complaints made against a specified set of Government organisations and UK public organisations.
	Currently, a complaint falling within the Parliamentary Commissioner’s jurisdiction must be referred to a member of the House of Commons before the Parliamentary Commissioner can investigate the complaint. This can cause delays in the process. The policy aim is to make the complaints process more streamlined for victims who may not want to share their traumatic experiences at multiple stages, and to achieve faster outcomes from the process.
	The Act removes the need to refer a complaint via a person’s MP and replaces it with a dual access system. Under this process, a complaint relating to the complainant’s experiences as a victim can be made directly to the Parliamentary Commissioner by:
The person affected,
A person authorised by them (including an MP), or
Where they are deceased or otherwise unable to make the complaint or authorise another person to do so, their personal representative or another person (e.g., a family member) the Parliamentary Commissioner assesses as suitable to represent them (section 6(2), Parliamentary Commissioner Act 1967).
	These measures will continue to allow for the affected person’s MP to be kept informed of the results of an investigation or a statement of the Parliamentary Commissioner’s reasons for not conducting an investigation, even if the complaint was not made by the MP on their behalf, but only if the affected person has consented to the report or statement being sent to an MP. Where the Parliamentary Commissioner makes a finding that there has been maladministration or a failure to perform a relevant duty, the Parliamentary Commissioner may lay a special report before Parliament. This is consistent with the Parliamentary Commissioner’s function, which is to assist Parliament in its scrutiny role.
	Removal of the ‘MP filter’ will only apply to persons whose complaints relate to their experiences as victims of crime, for whom approaching an MP to share a potentially traumatic experience is more likely to be a barrier to making a complaint.