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ANNUAL REPORT 2010
WHAT DID WE DO IN THE CASES?
We concluded 4,853 cases in 2010. Of these, 875 (18.0 per cent) were substantively
investigated and 3,978 (82.0 per cent) were rejected.
Substantively investigated cases
As mentioned in the introduction to this appendix, the category of substantively
investigated cases includes cases where the Ombudsman carries out an investigation
in which he submits the case to the relevant authority or authorities for c onsultation
and concludes the case with a statement. These cases may be complaint cases,
inspections or cases initiated on the Ombudsman’s own initiative.
The category also includes cases subjected to what is referred to as a shortened
substantive investigation. These may be complaint cases where the Ombudsman,
after reviewing the information available in the case, assesses that a full substantive
investigation of the case is unlikely to result in criticism of the authorities or
some other way of helping the citizen with the outcome of the case. Therefore,
the Ombudsman usually concludes these cases without obtaining statements
from the authorities. Typically, the Ombudsman investigates the complaint and
the case in the same way as in a full substantive investigation. Cases subjected
to a shortened substantive investigation may also be cases initiated by the
Ombudsman on his own initiative where he questions the authorities about
certain matters and on the basis of their replies chooses not to take any further
steps in the case.
Cases subjected to a shortened substantive investigation are governed by section
16(2) and section 17(1) of the Ombudsman Act.
In 2010, 450 (51.4 per cent) of the cases subjected to a substantive investigation
were concluded after a shortened investigation as described above.
Occasionally an authority will reopen a case as a result of the Ombudsman’s
request for a statement. This means that the authorities will reconsider the case
and as they cannot therefore be said to have concluded it, the Ombudsman will
virtually always discontinue his investigation of the case. The authorities may
not change their original decision, but in practice, the effect is the same as if the
Ombudsman had recommended that the authorities reconsider the case.
In 2010, a total of 42 cases were concluded on this basis.
Of the cases subjected to a full substantive investigation, 246 did not give rise
to criticism and/or recommendation in relation to the relevant authority.
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