Investigating complaints
Investigating complaints is the most central component of the Ombudsman's work.
In 2010 the Ombudsman received more than 4,300 new complaints and issued decisions on nearly 4,400 complaints and matters that they had taken under investigation on their own initiative. The Ombudsman investigates a complaint if the matter is subject to her oversight and if there are grounds to suspect that the authority involved has acted illegally or neglected a duty. Complaints relating to matters over two years old are not investigated. When the Ombudsman is investigating a complaint, he consults the person to whom it relates. In addition, he requests reports and submissions from various authorities and can, if necessary, order inspectors from his office to conduct investigations. Promotion of fundamental and human rights has a central place in the Ombudsman's work. Therefore, when examining complaints he also always exercises oversight to ensure that the authorities respect these rights. Another important perspective is that the authorities observe such principles of good governance as dealing with matters expeditiously, presenting the grounds for their decisions well, advising clients on their own initiative and adequately as well as behaving appropriately. The Ombudsman adopts a position on the legality of the procedure that is the subject of the complaint and decides whether the complaint warrants action on his part and what kinds of measures are appropriate. What follows from an investigation? Of the various measures available to the Ombudsman, the most severe is a criminal prosecution for malfeasance. The Ombudsman can also make a proposal that an error be remedied and draw the attention of the Council of State (i.e. the Government) to shortcomings that he has observed in legal provisions or regulations. It is not always established that incorrect procedure has been followed, and sometimes an authority itself rectifies its own error once it becomes aware that the Ombudsman has begun investigating a complaint concerning the procedure it has followed. Individual complaints open up broader perspectives The focuses and contents of complaints vary greatly from one sector of administration to another. Complaints give the Ombudsman a good conception of what matters are of topical relevance in a particular sector of administration, and especially what shortcomings are perceived as existing there. The Ombudsman can draw the attention of the Government or individual ministries to shortcomings that he has observed in legislation and make proposals as to how these can be eliminated.
Complaints generally involve criticism of the procedures that authorities have followed or of the contents of decisions they have made. In addition to complaints, the Ombudsman receives about
400 other written communications each year.
Launching an investigation
As an alternative to this, the Ombudsman can issue an official reprimand to the party concerned.
In most cases, he expresses his view as to how the procedure followed has been illegal or involved clear negligence and reminds the party concerned of the correct way to act.
The requirement of a fair trial is accentuated in complaints relating to courts. The behaviour of officials is prominently to the fore in those complants made by persons confined to prisons and other institutions.
Complaints relating to social services and health care often involve shortcomings in the availability of services.
Therefore the importance of complaints in the Ombudsman's oversight of legality is not limited to the positions she adopts in individual cases.
The matters that arise in complaints can prompt more general deliberation of the legislation applied or of how well it functions in practice.
Annual report serves as feed-back
In addition, the Ombudsman gives the Eduskunta an annual report on the situation with respect to the discharge of public tasks as well as on any shortcomings she has observed in legislation.
In this conjunction he can make proposals to the legislature concerning rectification of these shortcomings. His observations provide parliamentarians with a basis on which to assess administrative actions.
Thus the Ombudsman's observations serve as feedback to both legislators and law-drafters.
