Rosemary Agnew, one of Scotland’s leading public figures, has called for legislative reforms as she prepares to step down after eight years as the Scottish Public Services Ombudsman (SPSO).
Throughout her time leading the organisation, she has repeatedly highlighted the need to modernise SPSO legislation to enable the Ombudsman to better serve the public and improve accountability in public services. Significantly, she has called for changes in how complaints are made to the SPSO and the ability to investigate complaints under her own initiative.
At present, people have to complain to the SPSO in writing, which creates unnecessary barriers for many people.
Rosemary explained;
“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.”
Agnew has also called for the introduction of ‘own initiative powers’ into legislation. This would enable the SPSO to investigate issues across public services, in the public interest, and without the need for a formal complaint.
She said, “Own initiative powers would enable SPSO to identify and drive systemic improvements in public services. 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”
Reflecting on why she is repeating her call for these changes now, she said;
“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.”
Agnew is optimistic that her organisation is well placed and well equipped to meet the challenges these present.
“Over the past 8 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.”
Rosemary Agnew’s eight-year term as Ombudsman ends 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, will be appointed as the Acting Ombudsman from 1 May 2025.
Asked what she is doing next, Agnew said;
“Having a holiday and walking along my favourite local beaches in Fife! I am still deeply committed to public service, but I want time to think about how best to do that in a way that adds value through my knowledge and experience, but stretches and enables me to view new horizons.”
Source: Scottish Public Services Ombudsman, SPSO, UK