Adjudicator and Ombudsman – who are they?

March 3rd, 2010

The Adjudicator and The Ombudsman are there to help taxpayers who are unhappy with how the taxman is treating them.  They can investigate complaints and award compensation.  Many complaints are about how Tax Enquiries and Compliance Checks are conducted by HMRC.

The Adjudicator’s role is supposedly as ‘impartial referee’ in complaints about HMRC.  Although separate from HMRC it relies on HMRC for staff.  The Adjudicator can look at whether HMRC has acted within its own guidelines and can recommend remedies within the terms set of the taxman’s own policy.

The Ombudsman considers complaints about poor service by government departments, including HM Revenue and Customs.  The Ombudsman has wider scope to look at HMRC’s actions than the Adjudicator and can recommend larger compensation than the taxman’s guidelines suggest.

Complaints can go to the Adjudicator directly but complaints to the Ombudsman have to be channelled through an MP.  For both, you must have exhausted the taxman’s own complaints procedure first.  Itself an exhausting process.  NB. the adjudicator cannot look at complaints which the Ombudsman has already dealt with; whereas the Ombudsman will expect complaints to have been through the Adjudicator’s office first.  And neither can consider complaints about the technical aspects of tax law or where is a legal route for redress through the courts or the Tax Tribunals appeals system.

Pursuing a formal complaint can be a soul destroying task but a very large percentage of complaints are upheld, and it can lead to worthwhile compensation payments.
Lynam Tax Dispute Experts have decades of experience in sorting out contentious issues with the taxman. If you need help in dealing with HMRC or are considering making a complaint then: for a free and totally confidential discussion call Paul Lynam now on:  0845 643 9997.