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The Gibraltar Public Services Ombudsman is an independent authority, whose functions are to investigate complaints received from the general public about acts of maladministration undertaken by the [Government of Gibraltar] and certain Public Bodies and Contractors. [The Public Services Ombudsman Act 1998] defines its main function for the Ombudsman which is to conduct investigations in accordance with the provisions of the Act. The Ombudsman is appointed by the Chief Minister and comes into effect upon Parliament confirming the appointment by way of resolution passed within 30 days of the appointment. The current Ombudsman is Mario Hook who was appointed in 2003. The Office of the Gibraltar Public Services Ombudsman is located at 10 Governor’s Lane, Gibraltar.

History

The Office of the Ombudsman came into being in April 1999 with the appointment of Mr Henry Pinna as Gibraltar's first Public Services Ombudsman. His appointment was ratified unanimously by the House of Assembly. The appointment and its ratification were free from any controversial political debate and this helped tremendously in its acceptance by the general public.

Perhaps it is significant and of interest to point out that at the 1987 ceremony marking the commencement of the legal year, the then leader of the Bar, the late Mr. Samuel Benady QC spoke on a matter of importance affecting the rights of the individual. Mr. Benady pointed out that Gibraltar lacked the machinery to protect the individual against any act of maladministration by a government department. He explained how other jurisdictions had already established the office of the Ombudsman and proposed that the time had come for the appointment of such an Ombudsman here in Gibraltar to act on behalf of the community.

Mr. Benady stated: "The appointment of an Ombudsman would be a further assurance that those elected cannot, once in office, renege on their obligation to see justice done on behalf of every individual."

Twelve years had to elapse before Mr. Benady's proposal materialised and the office was established. This came about after the Gibraltar Social Democrats (GSD), in their electoral manifesto, had pledged that if elected they would create such an authority.

Entities the Ombudsman may investigate

Schedule to Public Services Act 1998

1   All Government Departments and Agencies including the Royal Gibraltar Police

2   Statutory Bodies

Gibraltar Health Authority (St. Bernard's Hospital, Mental Health Services, Community Mental Health Team, Primary Care Centre)

[Gibraltar Broadcasting Corporation]

Gibraltar Development Corporation Ltd (GDC) including the Employment Service (ES), the Tourist Board and any other sections of the GDC.

The Development and Planning Commission, the Transport Commission, the Traffic Commission, the Care Agency, Gibraltar Electricity Authority, the Gibraltar Sports Authority and the Housing Works Agency.

3  Public Utilities and Contractors

Any person, company or other entity providing one or more of the following services to the Government of Gibraltar or to the general public under the terms of a contract with or a licence issued by the Crown or a statutory body.

Supply of telecommunications services, supply of water services, collection of any monies payable to the Government, the operation of any registry, environmental or public health control services, clamping, tow-away or traffic management, the cleaning or upkeep of any part of the public highways or adjacent public areas, refuse collection or incineration services and car parking services.

The management of the Alameda Gardens, the John Mackintosh Hall, the Gibraltar Museum, the Gibraltar Airport Terminal or any site, property or facility belonging to the Crown.

Property Management, Property Agency, Rates Collection Services and Land Property Services, Immigration Services and entry point control and Terminal Security, Philatelic Supplies, Emergency and Transfer Ambulance Services.

4  Other bodies

Calpe House, London and Calpe House Trust, the Gibraltar Government representative Office in London and the Gibraltar Government representative Office in Brussels.

Powers

The Ombudsman may investigate any administrative action taken by or on behalf of any Authority to which this Part applies in any case where:

A written complaint is duly made to the Ombudsman by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and the Ombudsman considers that it is right and proper to conduct an investigation in respect of such complaint. In determining whether to initiate, continue or discontinue an investigation, the Ombudsman shall, subject to the provisions of this Part, act in accordance with his own discretion; and any question whether a complaint is duly made under this Act shall be determined by the Ombudsman.

The Ombudsman can look at complaints about matters that have gone wrong:

In the way a service has been delivered

If a service has not been delivered at all, or

The way a decision has been made that has caused problems for the Complainant.

Time-limit on complaints

A complaint under this Act shall not be entertained unless it is made to the Ombudsman not later than six months from the day on which the person aggrieved first had notice of the matters alleged, or in the event of the death or inability of the person aggrieved to act for himself, occurring within such period of six months of the death of the person aggrieved or of his becoming so incapable.

The Ombudsman may conduct an investigation pursuant to a complaint not made within the period therein limited, if he considers that there are special circumstances which make it proper to do so.

Recommendations by the Ombudsman

If an entity under the Ombudsman’s jurisdiction has done something wrong he can recommend to them to take action to put the matter right. The Ombudsman has no executive powers to enforce his recommendations, however in the majority of cases the Ombudsman’s recommendations are implemented by the relevant entity.

Good Conduct and customer care

The Ombudsman focuses on the Principles of Good Administration mainly on the six broad statements of what public bodies within the Ombudsman jurisdiction should do to deliver good administration and customer care. These Principles of Good Administration are the work of the [United Kingdom’s Parliamentary and Health Services Ombudsman] The Gibraltar Public Services Ombudsman has done a substantial amount of work with these Principles which show the sorts of behaviour the Ombudsman expects, and the tests the Ombudsman applies when determining complaints.

References

Gibraltar Public Services Ombudsman

Principles of Good Administration Public Services Ombudsman Act 1998

External Links

Official website

United Kingdom’s Parliamentary and Health Services Ombudsman

Local Government Ombudsman UK

Northern Ireland Ombudsman

Scottish Ombudsman

Public Services Ombudsman for Wales

European Ombudsman

Ireland Ombudsman