Complaining to the Ombudsman (Defensor del Pueblo) about an authority

Terms used

• Defensor del Pueblo — The Defensor del Pueblo is Spain's national ombudsman, who supervises public administrations and takes free complaints from anyone.
• Procurador — A procurador is a court representative who files documents for you in court cases.
• Quejas y sugerencias — Quejas y sugerencias are an administration's own channel for complaints and suggestions about its services; the reply is not a formal appeal.
• Recurso de alzada — A recurso de alzada is a formal administrative appeal to a higher authority against a decision.

Key rules

• Cost and access: Anyone can complain for free, whatever their nationality or residence status, without a lawyer.
• Not binding: The ombudsman can recommend but cannot cancel or change the authority's decision.
• Deadlines: A complaint never pauses appeal deadlines, so file your appeals on time.
• Court cases: The ombudsman will not take a matter that is already before a court.

What an ombudsman complaint is

The Defensor del Pueblo and the regional ombudsmen offer a free, non-binding complaint route that runs alongside your appeals. It does not replace them. Use it when an authority has treated you unfairly, ignored you or handled your case badly, and you want an independent body to ask questions on your behalf.

Who can complain

Anyone with a legitimate interest can complain. Nationality, residence, age and legal status do not matter, so foreigners and non-residents are included.

• It is free.
• You do not need a lawyer or a procurador.
• File within one year of learning of the facts.
• Anonymous complaints, complaints in bad faith and complaints with no basis are turned down.

Which ombudsman to choose

The Defensor del Pueblo deals with the State administration. It can also look at regional bodies, in coordination with the regional ombudsman.

Several regions have their own ombudsman. They handle complaints about the regional and local administrations in that region. Examples are Andalucía (Defensor del Pueblo Andaluz), Catalonia and the Valencian Community (Síndic de Greuges), Aragón (Justicia), the Basque Country (Ararteko), Galicia (Valedor do Pobo), Navarra, the Canary Islands (Diputado del Común) and Castilla y León (Procurador del Común). The Balearic Islands also have a Sindic de Greuges. Madrid and some other regions have none, so complaints there go to the Defensor del Pueblo. The list has changed over time, so check your region's current institution before you write.

Quick guide:

• Problem with a national office: Defensor del Pueblo.
• Problem with your town hall or region: your regional ombudsman, if there is one.
• Region with no ombudsman: Defensor del Pueblo.

What a complaint can and cannot do

The ombudsman cannot change or cancel the authority's decision. Its recommendations, reminders of legal duties and suggestions are not binding. It asks the administration for information, and the administration has a legal duty to answer. That pressure often gets a stuck case moving.

A complaint does not pause your deadlines. It does not suspend the decision or stop the clock on administrative or court appeals. File your appeals on time, as the timeline below shows.

It will also not take a complaint while a court case on the same matter is open, and it cannot review court decisions.

The authority's own complaints channel

Every public administration has a channel for quejas y sugerencias about how its services work. You can usually use it online, in person or by mail. The administration answers within its own period, commonly around 20 working days, but this varies.

The answer is not a formal decision. It is not binding, it is not an appeal, and it does not pause any deadline. For a real challenge, such as a recurso de alzada, use the formal appeal within its deadline.

Use both routes together

File your formal appeal first or at the same time. Then send the ombudsman complaint if you want outside scrutiny. The checklist, timeline and questions below walk you through the steps.

Timeline and deadlines

• File your formal appeals, since a complaint does not pause them: within the usual appeal deadlines, whatever complaint you make

• Wait for the administration's reply to a quejas y sugerencias complaint: commonly around 20 working days, depending on the administration's own rules

Checklist

• Find out which administration is the problem: State, regional or local.

• Check whether your region has its own ombudsman, and use it for regional and local matters.

• Send complaints about the State administration, or about regions with no ombudsman, to the Defensor del Pueblo.

• Use the administration's quejas y sugerencias channel online, in person or by mail for problems with how a service works.

• File your formal appeal within its normal deadline, as no complaint pauses it.

Frequently asked questions

Can a foreigner or non-resident complain to the Defensor del Pueblo?

Yes, anyone with a legitimate interest can complain to the Defensor del Pueblo, whatever their nationality, residence, age or legal status. It is free and you do not need a lawyer.

Which ombudsman do I complain to about my town hall or region?

For regional and local administrations, go to your region's own ombudsman if it has one, such as the Síndic de Greuges in Catalonia or the Ararteko in the Basque Country. The Defensor del Pueblo handles the State administration, and also covers regions with no ombudsman, such as Madrid.

Will the Defensor del Pueblo accept my complaint if a court case is already open?

No, the Defensor del Pueblo does not take a complaint when a court case about the same matter is pending. It also cannot review court decisions, and it turns down anonymous, bad-faith or baseless complaints.

Does a quejas y sugerencias response count as an appeal?

No, a reply to a quejas y sugerencias (complaints and suggestions) form is not a formal decision and gives you no rights. It does not stop appeal deadlines, so file a recurso such as an alzada on time as well.