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Who: In general, anybody can complain to the
Ombudsman, also if they are not a party to a
case. A complaint cannot be anonymous.
What: The Ombudsman considers complaints
about all parts of the public administration and
in a limited number of situations also about private institutions, an example being complaints
about conditions for children in private institutions.
The Ombudsman does not consider complaints
about courts or about tribunals which make decisions in disputes between private parties.
When: The Ombudsman’s task is to ensure that
the authorities have observed the applicable
rules. For this reason, the Ombudsman cannot
consider cases at first instance; he can consider
a complaint only if the case has been considered by the relevant authority – and by any
appeals bodies.
There is a deadline of one year for complaints to
the Ombudsman.
How: When the Ombudsman receives a complaint, he first determines whether it offers sufficient cause for investigation: in some cases the
Ombudsman will be unable to consider a complaint, whereas in other cases he will choose not
to open an investigation, for instance because
he would not be able to help the complainant
achieve a better outcome.
In a large proportion of complaint cases, the
Ombudsman helps the citizen by providing
guidance or by forwarding the complaint to an
authority, for instance in order that the authority
will be able to consider the complaint or give the
citizen more details of the grounds for a decision
which it has made in the case.
In a number of cases, the Ombudsman discontinues his investigation because the authority
chooses to reopen the case, for instance after
being asked for a statement on the matter by
the Ombudsman.
In some complaint cases, the Ombudsman carries out a full investigation, which, among other
things, involves obtaining statements from the
authority and the complainant. The investigation
may result in the Ombudsman choosing to criticise the authority and, for instance, recommend
that it make a new decision on the matter.
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