Source · Select Committees · Work and Pensions Committee

Recommendation 34

34 Rejected

Remove the MP filter and grant PHSO power to investigate systemic issues proactively

Recommendation
We agree with the PHSO that the MP filter should be removed, and that the PHSO should be granted the power of initiative so that it can investigate known and systemic issues, more effectively support public services and extend access to justice to those least likely to complain, without a specific complaint having to be raised. This would extend PHSO’s powers in line with many equivalent Ombudsmen, including those in Wales and Northern Ireland. (Recommendation, Paragraph 137)
Government Response Summary
The DWP rejected the recommendation, stating it lacks the authority to remove the MP filter or grant the PHSO new powers, as these changes require primary legislation from Parliament. They also noted no clear evidence that removing the filter would improve outcomes.
Government Response Rejected
HM Government Rejected
DWP acknowledges the recommendation to remove the MP filter and to grant PHSO the power to initiate investigations into systemic issues without a specific complaint. However, it is important to clarify that DWP does not have the authority to make such changes. The current arrangements for the PHSO are longstanding and are set out in Parliamentary Commissioner Act 1967. The mechanism—commonly referred to as the ‘MP filter’”—was introduced to ensure that elected representatives play a role in the complaints process and to provide a level of scrutiny before matters are escalated to the Ombudsman. While there have been calls for reform, there is currently no clear evidence base demonstrating that removing the MP filter would improve outcomes or accessibility. In fact, the filter may help manage the volume of complaints and ensure that they are appropriately framed and supported. Any change to the PHSO’s powers, including removal of the MP filter or the introduction of a power of initiative, would require primary legislation and is therefore a matter for Parliament to consider and decide upon. DWP remains committed to transparency and accountability and will continue to engage constructively with the PHSO within the framework set by Parliament.