Ombudsman Flashcards
Where was the concept of the ombudsman derived from?
Scandinavia
Which was the first territory in the Commonwealth Caribbean to adopt the concept of the Ombudsman?
Guyana
What is the concept of the ombudsman?
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.
Give examples of Commonwealth Countries where the ombudsman is established by the constitution.
Guyana: Article 191 (1) of Guyana Constitution and the Ombudsman Act. Cap. q9:04
&
Trinidad and Tobago
Give examples of Commonwealth countries where the Ombudsman is established through Acts of parliament.
Jamaica: section 21 (5) of the Jamaican Ombudsman Act
&
Barbados
What is the role of the ombudsman?
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
How is the Ombudsman appointed?
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.
Roles of the Ombudsman (2)
-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
The office of the Ombudsman is to:
- 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
Benefits of the office of the Ombudsman:
- Reduce cost
- Speed
- Investigative expertise
- Objectivity
- Reform
- Decrease maladministration
- Increase accountability
The jurisdiction of the Ombudsman is to investigate complaints of injustice suffered by citizens caused by GOVERNMENT or ADMINISTRATIVE MATTERS of:
- 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
Different offices of the Ombudsman
- The utilities Ombudsman
- The Political Ombudsman
- Parliamentary Ombudsman
- Ombudsman for contracts
What are some complaints received by the Public Utilities Ombudsman?
- Excessive Billing
- Incorrect Billing
- Defective Metres
- Inadequate street lighting
- Estimated billing
- Disconnections
Advantages of Ombudsman
-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