WHAT DOES THE OMBUDSMAN DO?

The title of Northern Ireland Ombudsman is a popular name for two offices:
•      The Assembly Ombudsman for Northern Ireland; and
•      The Northern Ireland Commissioner for Complaints.

I deal with complaints from people who believe they have suffered injustice as a result of maladministration by government departments and public bodies in Northern Ireland.

This Office was established in 1969, but the current powers and responsibilities are laid down in the Ombudsman (Northern Ireland) Order 1996 and the Commissioner for Complaints (Northern Ireland) Order 1996. On 1 December 1997 these were extended, by the Commissioner for Complaints (Amendment) (Northern Ireland) Order 1997, to include complaints about doctors, dentists, pharmacists and optometrists (ophthalmic opticians) providing family health services and by other health care professionals in the Health and Personal Social Services; I am also able to investigate complaints about the exercise of clinical judgement by health care professionals.

I am completely independent of the Northern Ireland Assembly, the Northern Ireland Executive, and of the government departments and public bodies which can be investigated. My authority is derived from a royal warrant and I report to the Northern Ireland Assembly by laying an Annual Report before it.
All complaints made to me are treated in the strictest confidence. I provide a FREE service.

I can investigate the organisations which are specified in the legislation. This includes all local councils, education and library boards, health and social services boards and trusts, as well as all government departments and their agencies.
There are a number of other ombudsmen/organisations who may be able to help with complaints against organisations which I cannot investigate.
If you are not sure whether I can investigate a particular organisation do not hesitate to contact my Office. If the organisation is not one which I can investigate, you will be given advice as to who to complain to.

I can consider complaints from people who claim to have suffered injustice because of maladministration by any of the organisations which are within my jurisdiction.
The term 'maladministration' is not defined in my legislation but it is generally taken to mean poor administration or the wrong application of rules. Some examples which I may regard as maladministration include:
•      Avoidable delay;
•      Faulty procedures or failing to follow correct procedures;
•      Not telling you about any rights of appeal you have;
•      Unfairness, bias or prejudice;
•      Giving advice which is misleading or inadequate;
•      Refusing to answer reasonable questions;
•      Discourtesy and failure to apologise properly for errors;
•      Mistakes in handling your claims.

I would generally not investigate your complaint if:
•      The action complained of took place more than 12 months ago;
•      You could take your case to a tribunal;
•      You could go to court;
•      It is about government policy or the content of legislation; or
•      I believe the action or decision you are complaining about was in fact reasonable.

A number of the decisions taken by government and public bodies are within the discretion of the individual body, i.e. the decision is one which depends on the judgement of the decision maker(s) rather than, for example, on satisfying any stated conditions. I could only investigate such a discretionary decision if there is evidence that there has been maladministration in the way the decision is made or if the decision is so unreasonable that no reasonable person would have made it.
If you are not sure whether I can investigate your particular complaint do not hesitate to contact my Office. If you make a complaint which I can't investigate, you will be told why.

Following an investigation I may conclude that your complaint was wholly or partly justified, or that it was not justified. If it is found that your complaint is justified, I can recommend that the organisation complained about should provide a remedy. Whilst my power does not extend to enforcing any recommendations that I make, the organisations almost always accept them. Where a recommendation is made under the Commissioner for Complaints legislation, the complainant may seek the support of the courts if the organisation fails to provide the remedy I recommended.

It is not my role to obtain compensation for individuals. However, if it is decided that you have suffered because of something an organisation has done wrong, I will try to get the organisation to put you in the position you would have been in if they had treated you fairly in the first place. This may involve the recommendation of a consolatory payment, but often I may decide that an apology is sufficient and I will also tell the organisation to improve its procedures so that no one else suffers in the same way.