The Government creates the Ombudsman for Victims of Public Transport Accidents

The Council of Ministers on November 10 approved Royal Decree 981/2026, of November 11, which creates the Ombudsman for Victims of Collective Transport Accidents, a body that will report directly to the head of the Ministry of Transport and Sustainable Mobility. The regulation is published in the Official State Gazette (Boletín Oficial del Estado) no. 283, of November 13, 2026, in Section I (General Provisions), page 153065, with the official reference BOE-A-2026-23760. It will enter into force on the day following its publication, namely, November 14, 2026.

The text justifies the measure based on the need for a “coordinated response” that facilitates information, advice, and continuous psychological, social, and legal assistance to victims and their families. The statement of motives indicates that, “on the occasion of recent railway accidents,” the response has been channeled through Comprehensive Care Offices with specialized personnel in Government Delegations and Sub-delegations and Insular Directorates, such as those created after the railway accident in Urda (Toledo) by virtue of Royal Decree-Law 32/2026, of November 3.

The new body joins the current framework of assistance to victims, integrated by Royal Decree 627/2014, of July 18 (railway accidents), Royal Decree 632/2013, of August 2 (civil aviation), Law 2/2024, of August 1, creating the Independent Administrative Authority for the Technical Investigation of Railway, Maritime and Civil Aviation Accidents and Incidents (AITAT) and Royal Decree 141/2026, of February 25, which approves its organic statute.

A body with the rank of Undersecretariat

The Ombudsman for Victims of Collective Transport Accidents will have the rank of Undersecretariat and its head will be appointed by royal decree agreed upon in the Council of Ministers, upon the proposal of the Minister of Transport and Sustainable Mobility. Its scope of action is limited to accidents occurring in collective passenger transport services owned or under the competence of the General State Administration, without prejudice to agreements formalized with autonomous communities and local entities.

The regulation defines collective transport as passenger services by road via bus or coach, rail, commercial air, and maritime passenger transport. It considers victims to be those who die, disappear, or suffer physical or psychological damage in an accident, as well as their family members and close relations: spouse or partner in an analogous relationship, ascendants, descendants, and collateral relatives up to the second degree.

Comprehensive assistance and capacity to demand responses

The royal decree assigns ten blocks of functions to the Ombudsman, including:

• Coordinate the institutional response and act as the primary interlocutor for all involved administrations and entities.
• Develop assistance protocols following an accident, with special attention to vulnerable persons.
• Provide emotional support and facilitate access to healthcare through the competent services.
• Advise on insurance companies, compensation, grants, benefits, and access to free legal aid.
• Provide information on the labor, economic, and social rights of the victims and their families.
• Cooperate with the AITAT regarding investigation, security, and prevention.
• Collaborate with victims’ associations and develop a code of good practices for the media reporting of accidents, in coordination with media associations.
• Request information from public bodies and administrations to carry out its functions.

The Ombudsman will intervene “from the onset” of any accident and will monitor medium- and long-term care needs, even after the closure of extraordinary emergency mechanisms. Victims’ associations will be “active, consultative, and permanent” members through a working group whose composition will be determined by the Ombudsman via resolution. These functions will be exercised without prejudice to regional and local competencies in social assistance, health, and transport, and respecting the independence of the AITAT and the judicial bodies.

Office, Technical Cabinet, and two sub-directorates

The structure created by Royal Decree 981/2026 is as follows:

• The Office of the Ombudsman for Victims of Collective Transport Accidents, with the rank of general directorate and technical support functions.
• The General Secretariat, with the rank of sub-general directorate, for economic-administrative management, personnel, procurement, and accountability.
• The Sub-General Directorate for Assistance to Victims of Collective Transport Accidents, which will handle emergencies, healthcare and psychological care, compensation, legal assistance, social protection, and cooperation with the AITAT.
• A Technical Cabinet reporting directly to the Ombudsman, with the rank of sub-general directorate.

The regulation also amends Royal Decree 1009/2023, of December 5, and Royal Decree 253/2024, of March 12, to integrate the new body into the structure of the Ministry of Transport and Sustainable Mobility. The Undersecretariat of Transport and Sustainable Mobility will provide the necessary common services.

Three months to review the regulatory framework

The third final provision sets a deadline of three months from the appointment of the Ombudsman to analyze the regulatory framework for assistance to victims of collective accidents, with the active participation of associations, and to propose, where appropriate, an improvement that includes the institutional assistance structure and the forms of collaboration between administrations and entities.

The role is created to give effect to the “right to personalized accompaniment” and is configured as a “dynamizing and coordinating element” of the comprehensive care resources. The text was reported by the technical general secretariats of Transport and Sustainable Mobility and of Digital Transformation and Civil Service, as well as by the ministries of Finance and of Territorial Policy and Democratic Memory, and is signed by King Felipe VI and countersigned by the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños García.

The impact for the victims and their families is direct: they will have a single interlocutor with the rank of Undersecretary to process aid, access psychological and legal assistance, and demand responses from the administrations, with powers to request information from any public body. The creation of the body is marked by the railway emergency that prompted the comprehensive care offices and by a demanding schedule: the Ombudsman must propose a reform of the care model within three months.

Source: Official State Gazette, no. 283, of November 13, 2026, Section I. General provisions, page 153065 (official reference: BOE-A-2026-23760).