OMBUDSMAN

The Ombudsman is an officer of Parliament appointed by the President after consultation with the Prime Minister and the Leader of the Opposition. The Ombudsman is therefore, a public official who is responsible only to Parliament.

The Ombudsman is an independent impartial person who is not a member of the Government.

Role of the Ombudsman

The Ombudsman's role was specifically designed to examine complaints from individuals who feel they have been unfairly treated by Government departments, agencies, officials or employers.

Who can the Ombudsman investigate?

Departments of Government such as Government Ministries.

Local authorities or other bodies established for purposes of the public service or of Local Government.

Authorities or bodies, the majority of whose members are appointed by the President or by a Minister, or whose revenues consist wholly or mainly of monies provided out of public funds.

Any authority empowered to determine the person with whom any contact shall be entered into by or on behalf of Government.

How can complaints be made?

Complaints to the Ombudsman are to be made in writing. However, if a person is unable to do so, he or she may telephone or visit the Office which is located at St. Ann's Avenue in St. Ann's.

You can complain to the Ombudsman only if you have been affected personally and directly.

However, if you are unable to act for yourself, you may authorise any person to represent you and take your complaint to the Ombudsman.

All investigations of the Ombudsman are conducted in private and are confidential.

What happens after the Ombudsman Receives a Complaint?

When the Ombudsman receives a complaint, the first question to be considered, is whether or not the Office has jurisdiction; that is to say, whether under the Constitution, the Ombudsman has the power to investigate the matter. For instance, the Ombudsman cannot investigate complaints against privately owned companies or private individuals who are not members of a Governmental organisation. If the Ombudsman does not have the jurisdiction, the office will usually tell you what your alternatives are or refer you to the appropriate organisation. The Ombudsman does not provide legal advice.

Some cases are resolved during preliminary investigation, others need detailed investigations. Once the Ombudsman has determined that he has the jurisdiction to investigate a complaint, the office will proceed to gather all the pertinent facts from the person making the complaint, the Governmental organisation involved, and from any other person who is able to give any information concerning the complaint.

After investigation, if the complaint is justified the Ombudsman will make recommendations to the principal officer of the Governmental organisation with a view to rectifying the problem. If no appropriate action is taken within a reasonable or specified time by the Governmental organisation to remedy the injustice the Ombudsman will make a special report on the case to Parliament. The Ombudsman can only make recommendations. He cannot make binding or enforceable orders on Government.

Where the Ombudsman does not make a recommendation, he must inform the person who made the complaint of the result to the investigation.

The Ombudsman reports annually upon the affairs of his office to Parliament.

 

Courtesy the Ministry of Public Administration and Information