Maladministration and Service Failure

The Ombudsman Act says that the SPSO can only investigate a complaint about maladministration or service failure, which a member of the public feels has caused them injustice or hardship. 

The Act does not define 'maladministration'.  A dictionary definition of the term is 'bad, inefficient or dishonest administration'.  This can cover things like unreasonable delay, rudeness, or failure to apply the law or rules properly. Further examples (the so called 'Crossman' and 'Reid' lists) can be found in an Annex to the Scottish Executive document 
A modern complaints system:  The new Scottish Public Services Ombudsman.

The term 'service failure' covers failure in a service provided or failure to provide a service that should be provided. 

The Ombudsman Act says that the SPSO cannot question the merits of a decision taken without maladministration.  This means we cannot look at a complaint just because somebody is unhappy about something a public body has done (or not done).  There has to some evidence of maladministration or service failure.  Also, although we can look at whether the law's been applied properly, we don't interpret the law; only the Courts can do that.