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Annual Report of the Ombudsman 2008 (text version)

Annex E - How we manage complaints

The Ombudsman Act 1980, provides that a complaint can be processed by my Office by means of a preliminary examination or an investigation. The vast bulk of complaints are dealt with by way of a preliminary examination, whereby it is possible to conclude cases, in a consensual manner, with the co-operation of the public bodies. I may decide to open an investigation in a particular case, if I see fit. I do so for any number of reasons but, most commonly, I decide to do so if I consider the case may have some merit but the public body simply does not accept this and no progress towards a resolution is in sight. I am also more likely to open an investigation if I feel there are broad systemic issues involved in the case, leading to potential wider benefits. It is only on completion of an investigation that I can make formal recommendations to a public body to resolve a complaint. If the response of the public body to any such recommendations is not, in my view, satisfactory I can lay a special report on the matter before the Houses of the Oireachtas, if I see fit. By their nature investigations demand more time and resources compared to preliminary examinations not only because they lead to the production of a detailed written report, but also due to the need to ensure that those who may be adversely criticised in the report are accorded their rights in full, with regard to fair procedures and the principles of natural justice. I normally decide to publish reports of investigations which involve matters of a systemic nature, and especially so where it might serve to improve public administration and service standards generally.

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