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Information Manual (S16)

Staff Manual on Handling Complaints - Introduction

This manual is for the guidance of Office of the Ombudsman staff in relation to dealing with complaints made under the Ombudsman Act, 1980. The manual should help ensure consistency and fairness in our approach to dealing with complaints. At the same time, the manual is not meant to be over-restrictive However, any significant departure from the practice suggested here should only be with the knowledge of the relevant Senior Investigator and, if necessary, of the Director. In all circumstances, it is imperative that the approach adopted by the Office is fair, and seen to be fair, to all the parties concerned.

The manual sets out procedures for processing complaints in the Office of the Ombudsman. It details a three stage process: (1) Complaint Receipt, (2) Preliminary Examination and (3) Investigation.

Once a complaint is deemed to be within the Ombudsman's remit it will be processed by way of (a) Preliminary Examination and in some cases by way of (b) Investigation. The Act requires the Ombudsman to carry out a preliminary examination of all complaints received which are within remit. Investigation arises infrequently and where certain, detailed parameters of the Act are fulfilled in relation to a complaint. This includes a requirement that an action has, or may have, adversely affected a person. The vast majority of cases are processed to a satisfactory conclusion in the course of the more informal preliminary examination and it is only where the Ombudsman views the body's approach as unreasonable that he will consider the case for investigation. However, the Ombudsman retains the right to conduct an investigation under the Act whenever he deems it appropriate. In any event, an investigation will usually build on the work already undertaken at the stage of the preliminary examination.

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