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Appendix 1. The Ombudsman - A Brief Guide

Appendix 1. The Ombudsman - A Brief Guide

What is the Ombudsman's Role?

The Ombudsman investigates complaints from members of the public who feel they have been unfairly treated by certain public bodies. His Office is impartial and completely independent of Government. If he finds a complaint justified he may recommend appropriate redress.

What Can the Ombudsman Do?

The Ombudsman has extensive powers in law. He can demand any information, document or file from a body complained of and can require any official to give information about a complaint. He can look into all administrative actions including:

• decisions
• refusal or failure to act
• administrative procedures

Who Can Complain and How?

Any individual, public representative, company, or organisation can make a complaint. Complaints can be made in writing, by telephone, fax or email, or by calling to the Ombudsman's Office.

Which Public Bodies are Subject to Investigation?

• Government Departments and Offices
• Local Authorities (County Councils, City Councils etc.)
• Health Boards
• An Post

When Should You Complain?

Before you contact the Ombudsman you must first try and solve your problem with the public body concerned. If you fail to resolve your problem and feel that the public body has not treated you fairly, contact the Ombudsman. When making a complaint try to give as much information as possible including any copies of letters and reference numbers.

What Will it Cost?

Nothing. There is no charge for dealing with complaints.

How Will the Ombudsman Deal With Your Complaint?

The Ombudsman's staff will screen the complaint to see if it falls within his remit and whether there is a basis to take it up with the public body. In the majority of cases complaints are resolved satisfactorily in a very informal way, for example, by discussing the problem with the public body or by examining the relevant files. In the more complex cases a formal investigation may be required.

If the Ombudsman finds that your complaint is wholly or partially justified, he will report this to the public body concerned. He may recommend that it should review its action, change its decision, or offer some form of appropriate redress.

Will the Recommendation of the Ombudsman be Accepted?

The Ombudsman has no power to force a body to accept or act upon his recommendation. If it does not, he may find it necessary to report on the matter to the Houses of the Oireachtas.

Are There Areas That the Ombudsman Cannot Investigate?

Yes, he cannot investigate:

• the actions of private companies or individuals, private practitioners, dentists, opticians, pharmacists, etc.;
• actions taken in connection with clinical judgement by doctors;
• the "reserved functions of Local Authorities", for example, those functions exercised by elected members of local authorities;
• complaints relating to recruitment, pay and conditions of employment;
• court decisions, matters which are already the subject of court proceedings, the actions of the Gardaí or actions taken in the running of the prisons;
• where there is a right of an appeal to an independent tribunal or appeal body such as the Appeal Commissioners of Income Tax.

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