Complaints and investigations on the Ombudsman's own initiative
Investigating complaints is the most central component of the Ombudsman's work.
Complaints generally involve criticism of the procedures that authorities have followed or decisions they have made.
Launching an investigation
The Ombudsman investigates a complaint if the matter comes under her oversight and if there are grounds to suspect that the authority involved has acted illegally or neglected a duty.
Complaints about matters that are overtwo years old are not investigated.
Process of an investigation
When the Ombudsman investigates a complaint, he talks to 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 carry out investigations.
The promotion of fundamental and human rights has a central place in the Ombudsman's work. Therefore, when examining complaints he also provides oversight to ensure that the authorities respect these rights.
Another important aspect is that the authorities observe principles of good governance, such as dealing with matters speedily and efficiently, presenting the grounds for their decisions clearly, advising clients adequately and on their own initiative, and behaving appropriately.
The Ombudsman also adopts a position on the legality of the procedure that is the subject of the complaint and decides whether the complaint requires action on his part and what kinds of measures are appropriate.
What results from a complaint?
The consequences of a complaint depend on what emerges from the Ombudsman's investigations.
The Ombudsman may
- bring a prosecution if serious illegality is involved
- issue a reprimand if what is involved is an illegal procedure or neglect of duty, but there is no need to bring a prosecution
- inform the authority of her opinion of what would be the legal course of action
- draw the attention of the authority to the requirements of good governance or aspects that promote the implementation of fundamental and human rights
- make a proposal that the authority rectify an error or redress a shortcoming
In contrast, the Ombudsman can not
- change or overturn decisions made by authorities or courts
- intervene concerning the way in which an authority has exercised the power of discretion entrusted to it by law, provided this power has not been exceeded nor abused
- order payment of compensation
- provide legal advice.
When a complaint has been investigated, the Ombudsman's decision is sent to both the complainant and the subject of the complaint.
The documents appended to the complaint are returned to the complainant at the same time.
Each year, the Ombudsman launches some 70-80 investigations on his own initiative. They can relate to shortcomings which have been highlighted in publicity or matters which have emerged, for example, over the course of his on-site inspections.
Matters chosen for investigation on the Ombudsman's own initiative are examined in the same way as ordinary complaints. Investigation leads to a decision in which the Ombudsman adopts a position on shortcomings in the same way as he does in his decisions on complaints.
