In this paper the role of ombudsmen in overseeing government and the administration is discussed. Ombudsmen’s offices have been established throughout Europe and the Commonwealth. They argue that while the office of ombudsman may seem to be a panacea for corruption or administrative inefficiency, the efficacy of the office is limited by the powers, resources and the degree of autonomy given to the ombudsman.
Ombudsmen investigate complaints against the administration and makes recommendations which it seeks to have adopted. Depending on local conditions ombudsman may investigate allegations of illegality, constitutional or human rights abuses and/or maladministration.
- Complaints can be lodged by individuals or groups, and sometimes the ombudsman also has the right of initiative.
- Ombudsmen make recommendations but have no power to force the government to adopt their proposals. However, there is often strong political pressure for the government to do so.
- There is often confusion between the role of the ombudsman and that of other institutions with the power to oversee government and the administration.
- Other regulatory bodies overlap with the role of the ombudsman but do not fully supplement the ombudsman’s role and should not be seen as an alternative. These include the courts, audit bodies and human rights commissions.
- The key indicator of the effectiveness of an ombudsman is the degree to which a branch of the administration will accept and/or adopt its recommendations.
- Effectiveness relies on political support from other state branches; adequate resource allocation; public awareness and understanding; compatibility between the office and other regulatory bodies; and its own structure and professionality.
Many countries have attempted to transplant the Swedish model of the ombudsman onto their own state structure, but the Swedish model is in fact country specific and must be adjusted to suit local conditions. Unless the ombudsman is compatible with the overall system of administration it will in all likelihood fail.
- Because ombudsman’s offices can be flooded with complaints, efforts to rationalise their time can include insisting that complaints are lodged through an MP, or that alternative sources of recourse are attempted first.
- Ombudsmen should have the right to investigate as broadly across the state structure as possible: Exemptions (such as for parliament, courts or the head of state) should be rare and well founded.
- Basing the existence and powers of the ombudsman in the constitution signals the importance of the office and also removes it from the political sphere.
- It is crucial that the office be independent of other branches of the government or administration.
- The ombudsman itself should be accountable primarily to parliament, normally by the submission of an annual report and further supplementary reports as requested.
- The effectiveness of the ombudsman requires that it operate for an extended period.
