Ombudsman
An
ombudsman is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. In some jurisdictions, the Ombudsman is referred to, at least officially, as the 'Parliamentary Commissioner' (e.g., the
West Australian state Ombudsman). The term originates from the Old Norse
umboðsmaðr [Det Norske Akademi for Sprog og Litteratur/Kunnskapsforlaget: Norsk riksmålsordbok ISBN 82-573-0210-4], and has been put to use in modern times with its use in
Sweden, with the
Swedish Parliamentary Ombudsman instituted in
1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the
executive branch. The word
ombudsman and its specific meaning has since been adopted in to
English as well as other languages, and
ombudsmen have been instituted by other governments and organizations such as the
European Union.
An ombudsman need not be appointed by government; they may work for a corporation, a newspaper, an
NGO, or even for the general public. Such an ombudsman obviously does not carry any governmental powers or sanction abilities.
The origin of the word is found in
Old Norse and the word
umbuds man, meaning representative. The first preserved use in
Swedish. From 1552, it is also used in the other Scandinavian languages such as the
Icelandic "umboðsmaður", the
Norwegian "ombudsmann" and the
Danish "ombudsmand".
A prototype of modern ombudsmen flourished in
China during
Qin Dynasty (221 BC), and in
Korea during the
Choseon Dynasty. The
Romans also grappled with the problem, but it was the example of the second Muslim Caliph,
Umar (634-644) and the concept of
Qadi al-Qadat (developed in the Muslim world), which influenced the Swedish King,
Charles XII. In 1713, fresh from self-exile in
Turkey, Charles XII created the Office of Highest Ombudsman. The Scandinavians subsequently moulded the Office into its contemporary form.
Many private companies, universities and government agencies also have an ombudsman (or an ombudsman department) which serve internal employees or other constituencies. These ombudsman roles are structured to function independently, by reporting to the board of directors, and do not serve any other role in the organization. Organizational ombudsmen are sometimes called "ombuds" or "ombuds officers" or "ombudsperson" or "ombud". They are beginning to appear around the world within organizations, sometimes as an alternative to anonymous hot lines, in countries where the latter are illegal or considered inappropriate.
Recently, since the
1960s, the profession has grown in the
United States, particularly in corporations, universities and government agencies. This current model, sometimes referred to as an
organizational ombudsman, works as a designated neutral party, one who is high ranking in an organization, but who is not considered management. Using an
alternative dispute resolution (ADR) sensibility, an organizational ombudsman can provide options to
whistleblowers or employees with
ethics concerns, provide
mediation for conflicts, track problem areas, and make recommendations for changes to policies or procedures in support of orderly systems change. One particularly important function is to pick up "new things" -- that is, issues new to the organization. This is particularly important if the "new thing" is "disruptive" in the sense of requiring the organization to review and possibly improve its policies, procedures and/or structures.
An organizational ombudsman who is holding to "standards of practice" in the US is neutral and visibly outside ordinary line and staff structures. An organizational ombudsman will practice informally (with no management decisionmaking power, and without accepting "notice" for the organization). An organizational ombudsman typically keeps no case records for an employer and keeps near absolute confidentiality. The only exception is where there appears to be an imminent risk of serious harm, and an ombudsman can see no responsible option other than breaking confidence -- but organizational ombuds programs report that they can almost always find "other responsible options," such as helping a visitor to make an anonymous report about whatever appears to be the problem.
Newspaper and media ombudsman offices are especially valuable for promoting
journalistic integrity on behalf of readers, viewers and listeners. There is an international
Organization of News Ombudsmen. The press in Sweden is self-regulated through the
Public Press Ombudsman (
Allmänhetens Pressombudsman) and the
Swedish Press Council (
Pressens Opinionsnämnd).
There is some debate, if not resentment, amongst government or parliamentary appointed ombudsmen, whether it is appropriate for organizational internal grievance persons to use the title
Ombudsman. Critics claim that organizations are abusing the term in order to create the impression that internal review will be independent and impartial. Critics have highlighted the fact that, although ombudsman institutions have arisen in many Western countries to effectively provide aggrieved citizens independent review of public authority decision making, organizational ombudsmen may not always have a comparable degree of independence to that of government appointed ombudsmen.
Sweden
* The Swedish Parliamentary Ombudsmen
Governmental ombudsmen:
*
Swedish Ombudsman for Equal Opportunities, or
Jämställdhetsombudsmannen (JämO). Monitors issues relating to gender equality.
*
Swedish Ombudsman for Children, or
Barnombudsmannen. Observes matters affecting the rights and interests of children and young people.
*
Swedish Disability Ombudsman, or
Handikappombudsmannen. Monitors issues relating to the rights and interests of persons with disabilities.
*
Swedish Ombudsman against Discrimination on Grounds of Sexual Orientation, or
Ombudsmannen mot diskriminering på grund av sexuell läggning (HomO)
*
Swedish Ombudsman against Ethnic Discrimination, or
Ombudsmannen mot etnisk diskrimineringThe Director-General of the
Swedish Consumer Agency is also designated as a Consumer Ombudsman.
Croatia
The
Croatian Ombudsman is known as
Pučki pravobranitelj, and was established by the
Croatian Constitution in 1990. The Ombudsman is appointed by the Parliament, and has the task of ensuring that all government departments and officials follow the law.
There are also special ombudsmen for gender equality and ombudsmen for children, since 2003.
Czech Republic
The
Czech Ombudsman is known as
Veřejný ochránce práv (Public Defender of Rights).
Estonia
The
Estonian ombudsman is known as
Õiguskantsler (
Chancellor of Justice [
1]).
European Union
The
European Ombudsman was established by the
Maastricht treaty, the treaty establishing the
European Union. The current European Ombudsman, holding office since April 1,
2003, is P.
Nikiforos Diamandouros, former national ombudsman of
Greece.
Finland
In Finland the office of
Parliamentary Ombudsman, modelled after the Swedish Ombudsman, was established by the
Constitution of 1919. The Ombudsman is appointed by the Parliament, and has the task of ensuring that all government departments and officials follow the law. The Parliamentary Ombudsman shares many duties with the
Chancellor of Justice. The Ombudsman has wide ranging oversight and investigative powers. She or he has access to all government facilities, documents and information systems and can order a police investigation if necessary. If the Ombudsman determines that a government official has not acted in accordance with the law she or he can advice on the proper application of the law, reprimand the official or in the extreme case order the criminal prosecution of the official. Partly because of the prosecutorial powers the Ombudsman enjoys considerable respect and her or his legal opinions are usually strictly followed. Her or his legal interpretations carry a lot of weight in the absence of a court precedent.
There are also special ombudsmen for gender equality, children's welfare, rights of ethnic minorities, and consumer protection, operating under the auspices of various ministries and other government agencies. Also, every health care provider in Finland is legally obliged to have a patients' rights ombudsman.
Greece
The Greek Ombudsman is called the Citizen's Advocate and is an Independent Authority. Currently, the Citizen's Advocate is Professor Georgios Kaminis. The Advocate is assisted by five Assistant Advocates, which coordinate the activities of the Advocate's office in the five "theme circles" (areas) in which the office has authority: i) civil rights, ii) social protection, iii) quality of life, iv) state-citizen relationships and v) children's rights.
Iceland
The post of
umboðsmaður Alþingis was set up in
1987 under the terms of law number 13/1987, which deals with complaints against the government. His authority was expanded to local government levels in the
1997 law number 85/1997. The Ombudsman is appointed by
Alþingi.
Ireland
The Office of Ombudsman was set up under the terms of the
Ombudsman Act, 1980. The Ombudsman is appointed by the
President of Ireland upon the nomination of both
Houses of the Oireachtas, and is a
civil servant of the State. The Ombudsman deals with complaints against
Departments of State,
local authorities,
health boards and
An Post.
Israel
The State Comptroller of
Israel also serves, by law, as Ombudsman. He discharges this function by way of a special unit in the Office of the State Comptroller, known as the Office of the Ombudsman. The Ombudsman investigates complaints against bodies that are statutorily subject to
audit by the State Comptroller, including government ministries, local authorities, state enterprises and institutions and government companies, as well as their employees.
Italy
The Italian Ombudsman is known as
Avvocato Generale dello Stato (Attorney General of the Republic).
New Zealand
The post of
Ombudsman was established in New Zealand in 1962, with the aegis of investigation of complaints against government departments. In 1975 the post was expanded, with a Chief Ombudsman and several (number unspecified) of other ombudsmen. New Zealand also has a
Banking Ombudsman; however, this a non-government industry group.
Norway
*
The Equality and Anti-Discrimination Ombud in Norway (Likestillings- og disrimineringsombudet) was established in
1978 as the Gender Equality Ombud
(Likestillingsombudet), the first of its kind in the world. In
2006, the Ombud was reorganised to include discrimination in general. The Ombud's task is to enforce the Norwegian Gender Equality Act and the act relating to prohibition of discrimination on the basis of ethnicity, national origin, ancestry, skin colour, language, religious and ethical orientation (Discrimination Act). The Ombud shall also enforce the anti-discrimination regulations in the Working Environment Act. The mandate of the Ombud also include to actively promote equality for discriminated groups, and to develop new knowledge through documentation and monitoring.
*
The Parliamentary Ombudsman for Public Administration (Sivilombudsmannen) investigates complaints from citizens or may take up issues on own initiative complaints from citizens concerning injustice or maladministration from central government or local authorities.
*
Ombudsman for Children in Norway (Barneombudet) has statutory rights to protect children and their rights. Since 1981, the Ombudsman for Children in Norway has worked continuously to improve national and international legislation affecting children's welfare. Norway was the first country in the world to establish an ombudsman for children.
*
Norwegian Consumer Ombudsman (Forbrukerombudet) shall, in the interests of consumers, seek to prevent market abuses in conflict with the provisions stipulated in or pursuant to The Norwegian Marketing Control Act. The Consumer Ombudsman shall, acting on his own initiative or on the basis of communications from others, urge all businesspersons to conduct their activities in accordance with the provisions of the Marketing Control Act. The Consumer Ombudsman shall also ensure that the terms and conditions are not used in any way that may harm consumers and shall contribute to this end through negotiations with businesspersons or their organisations. The Consumer Ombudsman has received a lot of attention internationally since it has ruled that the
iTunes music store's contract terms
violates Norwegian consumer and marketing law.
Philippines
The
Office of the Ombudsman of the Philippines is empowered by the
1987 Saligang Batas ng Pilipinas to safeguard the government and government-related institutions and corporations from corruption and dispense justice in the case of such offenses.
Poland
The Polish Ombudsman is called the
Rzecznik Praw Obywatelskich.
Portugal
The
Portuguese Ombudsman is called the
Provedor de Justiça, and its role is defined in article 23 of the
Constitution of Portugal:
1. Citizens may submit complaints against actions or omissions by the public authorities to the Ombudsman, who shall assess them without the power to take decisions and shall send the competent bodies such recommendations as may be necessary in order to prevent or make good any injustices.2. The Ombudsman's work shall be independent of any acts of grace or legal remedies provided for in this Constitution or the law.3. The Ombudsman's office shall be an independent body and the Assembly of the Republic shall appoint the Ombudsman for such time as the law may determine.4. The bodies and agents of the Public Administration shall cooperate with the Ombudsman in the fulfilment of his mission.Besides the traditional roles, there are two
toll-free lines: one for
children and one for
senior citizens.
External links
*
Provedor de Justiça (in
Portuguese)
*
File a complaint onlineRomania
The Romanian Ombusdman is known as
Avocatul Poporului' (People's Advocate).
Spain
The Spanish laws translate "ombudsman" as
defensor del pueblo ("People's defender"). The Spanish Defensor can start processes at the
Constitutional Court. There is a general
Defensor del Pueblo for issues with the Spanish administration, and regional ones for the
autonomous communities of Spain, for instance:
*
Defensor del Pueblo Español*
Valedor do Pobo (
Galicia)
*
Ararteko (
Basque Country)
*
Justicia [
2] (
Aragon)
*
Síndic de Greuges (
Catalonia)
*
Defensor del Pueblo Andaluz (
Andalusia)
*
Procurador del Común (
Castile-Leon)
Ukraine
In the Ukraine a post of Ombudsman is held
Nina Karpachova since 1998.
United Kingdom
In the United Kingdom a post of Ombudsman is attached to the
Westminster Parliament with additional posts at the
Scottish Parliament, the
Welsh Assembly and other government institutions.
About UK Ombudsman Services
The primary UK Ombudsman is known as the
Parliamentary and Health Service Ombudsman, also known as the Parliamentary Commissioner for Administration (PCA), which looks into complaints "that government departments, their agencies and some other public bodies in the UK - and the
NHS in
England - have not acted properly or fairly or have provided a poor service." The UK Ombudsman will usually investigate complaints where there has been evidence of "maladministration" having occurred which has resulted in an "unremedied injustice". Complaints to the Ombudsman are subject to a "time bar" - this means that the Ombudsman may determine a complaint to be out of jurisdiction if too much time has passed between the event or course of events being complained about and the complaint being received by the Ombudsman.
List of all Ombudsman Services in the United Kingdom
* Estate Agents Ombudsman
* Financial Ombudsman Service
* Financial Services Ombudsman Scheme for the Isle of Man
* Health Service Ombudsman - England
(Ombudsman)* Housing Ombudsman Service
(HOS)* Independent Police Complaints Commission
* Legal Services Ombudsman
* Local Government Ombudsman - England
* Northern Ireland Ombudsman
* Northern Ireland Police Ombudsman
* Parliamentary Ombudsman
(Ombudsman)* Pensions Ombudsman
* Prisons and Probation Ombudsman
* Public Services Ombudsman for Wales
* Removals Industry Ombudsman Scheme
* Scottish Legal Services Ombudsman
* Scottish Public Services Ombudsman
* Telecommunications Ombudsman (OTELO)
Shortcomings
The impartiality of some UK Ombudsman services has been questioned. In particular the
Local Government Ombudsman - whose senior staff are recruited from the ranks of local government officials and whose appointment process is vetted by the Local Government Association - have been accused of bias and of merely acting as a rubber stamp. [
3]
United States
The
US Navy implemented an ombudsman program in
1970, under the direction of Admiral Elmo Zumwalt. Through the Navy Ombudsman Program, communication between the spouses of active duty personnel and the command is kept open, thereby improving the quality of life for everyone involved. The Navy command ombudsman is a volunteer position, with no special favors bestowed upon them.The purpose of this program is to ensure the dependents of active duty personnel have a channel of resources for their needs and quality of life. A command ombudsman can guide you to the help you may need, before, during or after a deployment. The Navy Ombudsman undergoes almost constant training, and is bound by confidentiality in most cases, the exception being any hint of child abuse. An ombudsman meets with department heads aboard a naval installation to find out the latest news, and pass it on, including news on ship deployments, cutting down on potentially harmful gossip.
New York City
The
New York Public Advocate has an Ombudsman team that investigates and responds to telephone and written complaints/queries regarding city agency services, providing information and referrals.
In the
science fiction television series,
Babylon 5, the arbiters aboard space station
Babylon 5 who preside over cases stemming from public complaints are referred to as
ombuds (this is both the singular and plural designation), the gender-neutral title for an ombudsman. Just as with their modern European counterparts, the ombuds only preside over public cases, including robbery, assault, and murder, and do not interpret law as a regular judiciary does.
*
Administrative incompetence*
JPGMOnline.com - 'The role of the ombudsman in biomedical journals',
Journal of Postgraduate Medicine, Vol 48, No 4, pp 292-296, 2002
*
OmbudsmanWatch.org - 'Local Government Ombudsman Watch' (United Kingdom)
*
POGO.org - 'EPA Ombudsman Resigns: Accountability in Handling of Superfund Sites Threatened',
Project on Government Oversight (April 22, 2002)
*
Transparency.org - 'What is an Ombudsman'
Classical/Legislative ombudsmen
Australian government ombudsmen
*
COmb.gov.au - 'Commonwealth Ombudsman Australia: Assisting the Australian community by resolving complaints and fostering good government administration'
*
Omb-HCSCC.nt.gov.au - 'Ombudsman for the Northern Territory'
*
OmbO.nsw.gov.au - New South Wales Ombudsman
*
Ombudsman.sa.gov.au - The Ombudsman South Australia Office: '[to provide] free, impartial, informal and timely resolution of complaints to promote fairness, openness and good public administration in South Australia'
*
ombudsman/home.html - Tasmanian Ombudsman: investigates complaints regarding public authority administrative action and contravention of state privacy legislation, conducts Freedom of Information reviews in respect of government agencies and can accept public interest disclosures (ie. whistleblowing complaints)and other miscellaneous functions (eg. auditing of police telephone interception warrants).
Canadian government ombudsmen
*
GNB.ca - 'The New Brunswick Ombudsman's Office': one central mission: to ensure that all New Brunswick citizens are treated with administrative fairness by government and its agencies.
*
HOA.gov.nl.ca - 'Newfoundland and Labrador Citizens' Representative'
*
Gov.ns.ca - 'Nova Scotia Office of the Ombudsman: If you feel you have been treated unfairly by a provincial or municipal government body, or you have a complaint about a Nova Scotia government service...'
*
Ombudsman.bc.ca - 'Ombudsman British Columbia: Promoting Fairness for British Columbians'
*
Ombudsman.mb.ca - 'Ombudsman Manitoba'
*
Ombudsman.on.ca - 'Ombudsman Ontario'
*
ProtecteurduCitoyen.qc.ca - 'Le Protecteur du Citoyen' (English language link)
*
Ombudsman.yk.ca - 'Office of the Yukon Ombudsman and Information & Privacy Commissioner'
*
LegAssembly.sk.ca - 'Ombudsman Saskatchewan'
Chilean ombudsman
*
ombudsman.cl - 'Capitulo Chileno Ombudsman' (in Spanish)
Czech government ombudsman
*
Ochrance.cz - 'The Office of the Ombudsman in the
Czech Republic'
European Parliament Ombudsman
*
Ombudsman.europa.eu - 'The
European Ombudsman Homepage
*
EuroParl.org.uk - Constitution of the
European Union Article III-335 (provisions establishing EU ombudsman)
Hong Kong government Ombudsman
*
Ombudsman.gov.hk - 'Office of the Ombudsman',
Hong Kong*
The Office of the Ombudsman of Hong Kong : an evaluation from the perspectives of street-level bureaucrats, the public and members of the Legislative CouncilIsraeli Ombudsman
*
The Office of the OmbudsmanNew Zealand government ombudsmen
*
Ombudsmen.govt.nz - 'The
Office of the Ombudsmen in New Zealand'
Philippine government ombudsman
*
Ombudsman.gov.ph - 'The
Office of the Ombudsman -
Republic of the Philippines'
Swedish government ombudsmen
*
BO -
Barnombudsmannen (Ombudsman for Children)
*
DO -
Diskrimineringsombudsmannen (Ethnic Discrimination Ombudsman)
*
HomO -
Ombudsmannen mot diskriminering på grund av sexuell läggning (
Ombudsman against Discrimination on Grounds of Sexual Orientation)
*
JämO -
Jämställdhetsombudsmannen (Equal Opportunities Ombudsman)
*
JO -
Justitieombudsmannen (Parliamentary Ombudsmen: The Ombudsmen of Justice)
*
Konsumentverket/KO -
Konsumentverket/Konsumentombudsmannen (The Swedish Consumer Agency/Consumer Ombudsman)'
Ukrainian government ombudsman
*
Ombudsman.kiev.ua -
Ukrainian Parliament Commissioner for Human Rights
United Kingdom government ombudsmen
*
Financial-Ombudsman.org.uk - 'The Financial Ombudsman Service: provides consumers with a free, independent service for resolving disputes with financial firms'
*
IHOS.org.uk - 'Housing Ombudsman Service': An independent service dealing with complaints against landlords & agents, and other housing disputes'
*
IPCC.gov.uk - 'Independent Police Complaints Commission'
*
LGO.org.uk - 'Commissioner for Local Administration in England: Local Government Ombudsmen's Home Page'
*
NI-Ombudsman.org.uk - Northern Ireland Ombudsman's Office
*
OLSO.org - 'Office of the Legal Services Ombudsman'
*
Ombudsman.org.uk - 'Parliamentary and Health Service Ombudsman: Making complaints a positive experience
*
Ombudsman.gov.ie - '(Irish) Office of the Ombudsman'
*
Ombudsmanwatch.org 'Local Government Ombudsman complaints body'
*
Ombudsman-Wales.org - 'Public Services Ombudsman for Wales'
*
Pensions-Ombudsman.org.uk - 'The Pensions Ombudsman: investigates and decides complaints and disputes about the way that pension schemes are run'
*
OTelO.org.uk - 'Office of the Telecommunications Ombudsman: We are an Ombudsman Service for public communication providers and their customers'
*
ScottishOmbudsman.org.uk - 'Scottish Public Services Ombudsman'
United States government ombudsmen
*
Ombudmhmr.state.mn.us - 'State of Minnesota Office of the Ombudsman for Mental Health and Developmental Disabilities'
*
Ombudsman.state.hi.us - 'State of Hawaii Office of the Ombudsman: independently and impartially investigates complaints against state and county agencies and employees'
*
StaffWeb.legis.state.ia.us - 'Office of Citizens' Aide Ombudsman, Des Moines, Iowa'
Non-governmental (organizational) ombudsmen
*
OEA.co.uk - 'Ombudsman for Estate Agents Scheme: A free, fair and independent service for buyers and sellers of residential property in the UK'
Ombudsman associations
*
BIOA.org.uk - 'British and Irish Ombudsman Association' (BIOA)
*
NewsOmbudsman.org - 'Organization of News Ombudsmen' (ONO)
*
OmbudsAssociation.org - 'The International Ombudsman Association Formerly TOA/UCOA' (formed in July, 2005, by merger of The Ombudsman Association and the University and College Ombuds Association)
*
USOmbudsman.org - 'The United States Ombudsman Association: Promoting and supporting fairness, accountability, and equity in government through the public sector ombudsman'
*
UVA.nl - 'The European Network of Ombudsmen in Higher Education' (ENOHE),
Universiteit van AmsterdamOmbudsman directories
*
UAlberta.ca - International Ombudsman Institute (international directory of ombudsmen)
