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Information Manual (S16)

Staff Manual on Handling Complaints - Stage One: Complaint Receipt

Receiving Complaints

Complaints may be made to the Ombudsman by letter, telephone, e-mail or by personal visits either to Central Office in Dublin or to a temporary Regional Office (including any of the Citizens Information Centres which we visit). Complaints may be made by the complainant or by a person acting on their behalf e.g. an elected representative, solicitor or relative.

Prior to making a complaint to the Ombudsman, persons are required to take reasonable steps to have the subject matter of their complaint resolved by direct communication with the body concerned and, in addition, are expected to exercise any statutory right of appeal which is open to them. Where it is apparent that a person has not raised the matter with the body complained of, or has not exercised a statutory right of appeal, s/he is advised to do so prior to making complaint to the Ombudsman.

Details of the complaint, the efforts made by the person to resolve the matter with the body concerned, reference numbers and copies of any relevant correspondence in the possession of the complainant should be provided at the time of complaint.

Where it appears that the complaint primarily involves the personal criticism of an official, the complainant is generally requested to put the complaint in writing. In other instances where the issues being raised are particularly serious and/or sensitive (e.g., complaints involving child care issues) it is advisable that the complaint should be made in writing. If it is clear that the complainant might have difficulty in expressing the complaint in writing, assistance should be offered provided that the written complaint accurately reflects the points which the complainant wishes to raise.

Complaints made in person or by telephone, which are clearly outside remit, are often dealt with on the spot and the person advised of the reasons the Ombudsman is unable to become involved in the case.

Screening of Complaints

Before the Ombudsman can deal with a complaint it must be established:

(a) that the body complained of is within jurisdiction

(b) that the subject matter complained of is within jurisdiction,

(c) that other provisions of the Act are satisfied, e.g.

- The Ombudsman Act requires that before a complaint is taken up there must be at least the possibility of adverse effect together with the possibility of maladministration on the part of the body concerned.

- The action complained of must be administrative in nature.

- The complainant must not have initiated civil legal proceedings in any court. (However, the Ombudsman has discretion to disregard this provision if "special circumstances make it proper to do so")

- The complainant must have exhausted any right of appeal to the Courts or to another forum (other than a body specified in Part I of the First Schedule of the Act), within the meaning of Section 5 of the Act. (However, the Ombudsman has discretion to disregard this provision if "special circumstances make it proper to do so")

- The complaint should not be trivial or vexatious

- The person making the complaint should have sufficient interest in the matter

- The complaint should be made to the Ombudsman within 12 months from the time of the decision or action complained of or within 12 months of the person becoming aware of the action or decision, whichever is the later. (However, the Ombudsman has discretion to disregard this provision if "special circumstances make it proper to do so")

During screening it may be necessary to contact either the complainant or body concerned for clarification or further information in relation to the complaint.

At the end of the screening process the complaint will be either

(a) closed because it is outside remit
or
(b) notified to the relevant body.

Registering and Acknowledging Complaints

All new complaints are registered on the Complaint Examination System (CES) and a case file opened. Once a complaint is registered on the CES all subsequent work on the complaint must be recorded on that database. In the case of a complaint received by post, an acknowledgement is issued to the complainant (and representative, as appropriate) as speedily as possible but certainly within seven working days.

If a letter of complaint relates to more than one body, a separate complaint file is opened in respect of each body.

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