When a public office treats you differently because of who you are

Terms used

• Recurso de alzada — The recurso de alzada is an appeal against an administrative decision, sent to the body above the one that decided.
• Recurso de reposición — The recurso de reposición is an optional appeal sent to the same office that issued the decision.
• Procurador — The procurador is the court representative who files and follows your case alongside your lawyer.
• Responsabilidad patrimonial — Responsabilidad patrimonial is a claim for compensation for damage caused by a public service.
• Defensor del Pueblo — The Defensor del Pueblo is Spain's national ombudsman, which investigates complaints about public administrations.

Key rules

• Ombudsman deadline: A complaint to the Defensor del Pueblo must be made within one year of learning the facts, and it does not pause court or appeal deadlines.
• Appeal deadline: You have one month to file a recurso de alzada or recurso de reposición, counted from notification.
• Court deadline: You have two months from notification of an express decision to go to the contentious-administrative court.
• Ombudsman limits: The ombudsman can recommend and suggest but cannot cancel a decision, and it will not act while a court has the case.
• Foreigners: You can complain whatever your nationality or residence status, free and without a lawyer.

What you can do

If a public office decides something against you and you think the reason is who you are (your nationality, origin, religion, sex or similar), you have two kinds of tools. One is a formal appeal against the decision. The other is a free complaint to an ombudsman. They work side by side, and the ombudsman complaint does not stop any appeal clock.

Start with the decision in writing

Ask the office for its decision in writing, with the reason. Note the date you were notified, because every deadline starts from it. Unequal treatment is hard to prove from a verbal "no". A written decision gives you something to challenge.

Appeal against the decision

You normally have two appeal routes, each with a one-month deadline:

• Recurso de alzada: sent to the body above the one that decided. Use it when the decision does not end the administrative route.
• Recurso de reposición: optional, sent to the same office that decided.

If the office never answers, silence counts as a refusal, but the timing then differs. For an alzada, silence takes effect after three months, and in some cases it takes up to a year. Check the exact date with a lawyer.

Go to court

After the appeal route, you can go to the contentious-administrative court. You have two months from notification of an express decision, or six months after silence. You normally need a lawyer and a procurador. A faster special procedure exists for cases involving fundamental rights, which can include discrimination. Speak to a lawyer well before the two months run out. Special rules apply in immigration and civil-service cases.

Claim compensation

If the unfair treatment caused you real damage, you can claim compensation through responsabilidad patrimonial. The claim must be filed within one year of the damage.

Complain to an ombudsman

Anyone can complain, whatever their nationality or residence status. It is free, needs no lawyer, and is done in writing (online form, post or in person), signed and with your identification.

• Defensor del Pueblo: covers the state administration and regional bodies acting under state powers. The deadlines for it are set out in the rules on this page's timeline.
• Regional ombudsman: most regions have one for regional and local bodies, such as your town hall. Examples are the Defensor del Pueblo Andaluz, the Síndic de Greuges, the Ararteko and the Valedor do Pobo. Regions without one use the Defensor del Pueblo. Work out whether the office is state, regional or local first, then pick the right one.

The ombudsman asks the office for a report. It can then issue recommendations, remind the office of its legal duties and suggest changes. It cannot cancel a decision or impose a penalty. It will not act while a court is handling the same matter.

A complaint to the office itself or to its inspector general of services is another free option. It does not pause any deadline either.

Do it in this order

1. Get the decision in writing and note the notification date.
2. File your appeal within the month.
3. Send the ombudsman complaint in parallel.
4. See a lawyer before the court deadline.

The timeline, checklist and questions below go through these steps.

Timeline and deadlines

• Note the date you were notified of the decision and ask for it in writing: As soon as you receive it

• File a recurso de alzada with the superior body, or an optional recurso de reposición with the office that issued the act: Within 1 month of notification

• If the office never answers, file the appeal after silence has run: Alzada: 3 months after you applied; in some cases up to 1 year

• Go to the contentious-administrative court, normally with a lawyer and procurador: Within 2 months of notification of an express decision, or 6 months after presumed silence

• Claim compensation for damage caused by the public service (responsabilidad patrimonial): Within 1 year of the damage

• Send a complaint to the ombudsman, which does not pause any of the deadlines above: Within 1 year of learning the facts

Checklist

• Write down the date you were notified, because every appeal deadline starts from it.

• File a recurso de alzada with the superior body or an optional recurso de reposición with the same office, within 1 month.

• Decide whether the office or body is state, regional or local, so you know which ombudsman to write to.

• Send a free written complaint, signed and with your identification, to the Defensor del Pueblo or your regional ombudsman.

• Keep your appeal and court deadlines running, because an ombudsman complaint does not pause them.

• Check that no court is already handling the same matter, because the ombudsman will not act while it is.

• Talk to a lawyer before the 2-month court deadline if you want to go to the contentious-administrative court.

• File a compensation claim within 1 year if the treatment caused you damage.

Frequently asked questions

Can the Defensor del Pueblo cancel a decision that treated me unfairly?

No, the Defensor del Pueblo cannot cancel a decision or fine anyone. It asks the office for a report, then issues recommendations, reminders of legal duties and suggestions, which the office is not forced to follow. To get a decision overturned, use an appeal or the courts.

Which ombudsman do I contact about my town hall or regional government?

Contact the ombudsman of your region, because most regions have one covering regional and local offices, such as the Síndic de Greuges in Catalonia or the Defensor del Pueblo Andaluz in Andalusia. If your region has none, the Defensor del Pueblo takes the complaint. Complaints about state offices always go to the Defensor del Pueblo.

Do I need a lawyer to challenge a discriminatory decision?

You need no lawyer for an appeal to the office or for an ombudsman complaint, but you normally need a lawyer and a procurador (a court representative) to go to the contentious-administrative court. Free complaints are a good first step, as long as you keep the appeal deadlines running.