Ombudsman Flashcards

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1
Q

Where was the concept of the ombudsman derived from?

A

Scandinavia

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2
Q

Which was the first territory in the Commonwealth Caribbean to adopt the concept of the Ombudsman?

A

Guyana

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3
Q

What is the concept of the ombudsman?

A

An office which allows for the application of law as well as morality to flourish in a system of justice designed to complement the adversarial approach.

or

A state official appointed to provide a check on government activity in the interest of the citizen and to oversee the investigation of complaints of improper government activity against the citizen.

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4
Q

Give examples of Commonwealth Countries where the ombudsman is established by the constitution.

A

Guyana: Article 191 (1) of Guyana Constitution and the Ombudsman Act. Cap. q9:04
&
Trinidad and Tobago

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5
Q

Give examples of Commonwealth countries where the Ombudsman is established through Acts of parliament.

A

Jamaica: section 21 (5) of the Jamaican Ombudsman Act
&
Barbados

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6
Q

What is the role of the ombudsman?

A

The role of the ombudsman emerges as a protector of citizens against the inherent abuse of the machinery of such complex powerful administration.

  • Investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation
  • Identify systemic issues leading to poor service or breach of people’s rights
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7
Q

How is the Ombudsman appointed?

A

By the Head of State after consultation with the Prime Minister and Leader of the oppositions. As such the Ombudsman is a high level official acting as an agent of parliament.

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8
Q

Roles of the Ombudsman (2)

A

-The Ombudsman adjudicates over issues of maladministration and injustice without the costs and trapping of judicial power
-It is more informal than traditional court systems
-It is provides at no cost to the complaint
It is as a government as making the government more transparent of the decision making process. It bridges the bureaucracy of the government with the citizenry.
- Addresses issues that are not adequately handled by the court to stop the abuse of the State

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9
Q

The office of the Ombudsman is to:

A
  • Address injustice of citizens caused by the government
  • Protect citizens from abuse of the state
  • Watchdog for abuses of the state
  • A watchdog for the abuses of fundamental rights
  • A mediator between the citizens of the state
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10
Q

Benefits of the office of the Ombudsman:

A
  • Reduce cost
  • Speed
  • Investigative expertise
  • Objectivity
  • Reform
  • Decrease maladministration
  • Increase accountability
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11
Q

The jurisdiction of the Ombudsman is to investigate complaints of injustice suffered by citizens caused by GOVERNMENT or ADMINISTRATIVE MATTERS of:

A
  • Prime minister
  • Ministers
  • Government Officials
  • Departments or authority

-Public body
-Bodies funded by public funds
-Bodies appointed by government
-Private bodies having influence over the public such as:
~Unfair or incompetent admin
~Undue delays
~Standardless discretion
~ Bais

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12
Q

Different offices of the Ombudsman

A
  • The utilities Ombudsman
  • The Political Ombudsman
  • Parliamentary Ombudsman
  • Ombudsman for contracts
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13
Q

What are some complaints received by the Public Utilities Ombudsman?

A
  • Excessive Billing
  • Incorrect Billing
  • Defective Metres
  • Inadequate street lighting
  • Estimated billing
  • Disconnections
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14
Q

Advantages of Ombudsman

A

-Being representative of public, he/she protects the interest and rights of people
-Resolves the disputes which arise between an authority, firm, public sector, private companies, etc and common people
-To some extent control the corruption and other misbehaviors of officials- employed in public sector or/and private sector
Service is available without any charge

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