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Annual Report of the Ombudsman 2001

Chapter One - Introduction

Introduction

This is my eighth Annual Report. The year 2001 marked the 21st anniversary of the passing of the Ombudsman Act, 1980 by the Oireachtas. The period since its enactment has seen unprecedented social and economic change and growth in our society and has witnessed the emergence of a country which is prosperous, outward looking and confident of its place in the world economy. These developments have also presented public bodies with new challenges and responsibilities in adapting to an ever-changing economic and social environment while at the same time ensuring that the rights and entitlements of the users of public services are protected.

In Chapter Two of the Report, I comment on a number of issues of continuing concern. Some of these arise out of investigations previously carried out by my Office and some relate to matters of an on-going nature.

During my tenure as Ombudsman I have, in addition to resolving individual complaints, also tried to raise the overall standard of public administration. In conjunction with my Annual Report for 1995, I set out the Principles of Good Administration and suggested that public bodies should apply these principles in exercising their powers. In 1997, I published a checklist highlighting standards of best practice underlying good public administration, The Ombudsman’s Guide to Standards of Best Practice for Public Servants, and in 1998, I published a guide to internal complaints systems, Settling Complaints, with a view to assisting public bodies in improving the quality of the service they provide.

This year, in Chapter Three of the Report, I offer some thoughts on the principle of redress and its importance in contributing to better public administration. Public bodies are involved in a myriad of daily transactions with their clients, the vast majority of which are processed efficiently and effectively. But sometimes errors do occur and mistakes are made by public bodies which are to the detriment of the client. From my experience of dealing with complaints, it is clear to me that some public bodies become over-defensive when things go wrong. They are afraid to admit that an error was made and are reluctant to apologise fearing, often unreasonably, that litigation may ensue. Their defensiveness further fuels suspicion and mistrust on the part of the aggrieved client.

When things go wrong there is an obligation on the public body to take appropriate action so as to restore the client, in so far as this is possible, to the position he/she would have been in if the error or mistake had not occurred. Citizens need, and good public administration demands, a public sector which is responsive to the demands of its clients and which engenders a sense of confidence among those it is required to serve. The recipients of services need to have confidence that public bodies operate in a manner which is balanced, fair, inclusive and responsive to their needs. This confidence can be secured only if public bodies are open, fair and accountable and if there are effective mechanisms in place to ensure this. The existence of a delineated system of redress is one of the ways in which a public body can enhance its relationship with its client.

Redress can take a number of forms and I have gone into some detail on this aspect in Chapter Three. It may involve a financial payment or the restoration of a benefit from which the client was previously excluded. But in many cases the simplest, most satisfying and most lasting redress can be achieved when a body acknowledges that it has erred and issues an apology. Many opportunities are lost for an early and complete resolution of a dispute because of a failure to apologise.

Chapter Four contains details of selected cases and Chapter Five highlights the most significant events of the year 2001 for the Office of the Ombudsman. Chapter Six contains statistical data and analysis of cases handled in 2001.

The Annual Report provides us with an opportunity to review events and to take stock of circumstances. Activities during 2001 once again brought home to me how very lucky I am to have in my Office a most talented and dedicated group of people. Without their assistance, loyalty and dedication, the success which the Office of the Ombudsman has enjoyed and the high regard in which it is held could not have been sustained. Sadly, one member of staff, Catherine Boylan, died during 2001. Her tragic death, at such an early age, was very upsetting for all of us as colleagues and especially for her family to whom I wish again to offer my deepest condolences.

One of the most respected members of my investigative staff, Ms Ann Hayes, chose to retire in 2001. Her good humour, effervescent personality and happy demeanour will be missed around the Office. I wish her well in her retirement.

Finally I would like to take this opportunity to express my thanks to my Director General, Pat Whelan and to Matt Merrigan and Derek Finnegan for their assistance in the preparation of this Annual Report

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