Ombudsman Programs

AuthorJeffrey Wilson
Pages347-353

Page 347

Background

The term "ombudsman" is derived from the Swedish word meaning agent or representative. For as long as governments have existed, there has always been a parallel concern for the fair and equitable treatment of citizens and a guarantee that their rights are protected. The first public sector ombudsman was appointed by the Parliament of Sweden in 1809 with the express charter to protect individual citizen's rights against the excesses of government bureaucracy. The ombudsman was to receive and investigate citizen complaints against administrative acts of the government. The ombudsman concept spread across Europe and then to the United States in the 1960s. This was partly in response to the civil rights movement and citizen efforts for more openness in politics and government activities.

Typically, an ombudsman is a non-partisan, neutral, fact-finding person or office that takes no side in a dispute, but rather recommends solution. However, in broader usage, the term has come to mean more than just an agent or representative, but can also refer to an advocate or trustee who looks after the interests of a particular group or class of persons, and therefore serves as an agent of justice.

Within the United States, the term has taken on broader meaning that represents departure from the original Swedish model. While denoting an intermediary serving between citizens and the government, the term is now also used to describe any machinery adopted by private organizations (e.g., educational institutions of higher learning, large business corporations) or government to investigate complaints of administrative abuses. They may be been vested with general or special jurisdiction over specific governmental functions (e.g., corrections), and may exercise advocacy in their recommendations, if granted such authority.

Page 348

Throughout federal and state governments today, public ombudsmen offices have been specially created (by legislative, executive, or judicial authority) to act as independent agencies monitoring the delivery of government services to certain populations (e.g., the elderly, disabled, juveniles, incarcerated adults, government employees, etc.) An ombudsman is generally independent (although a government employee), impartial, universally accessible, and empowered only to assess and make recommendations. The American Bar Association (ABA) defines an ombudsman as "a government official who hears and investigates complaints by private citizens against government agencies."

Three Basic Types of Ombuds

Traditional ombuds (the gender-neutral and simpler term used for "ombudspersons") operate in the public sector, and many are public employees. They typically address issues raised by members of the general public (or within their organization), usually concerning the actions or policies of a branch of government or of public officials.

Organizational ombuds are found in both public and private sectors. They typically address the concerns presented by members, employees, or contractors of a particular organization or entity concerning its policies or practices.

Advocate ombuds are also found in both public and private sectors, and also evaluate claims or complaints objectively. However, they typically are authorized or even required to advocate on behalf of individuals or groups found to be aggrieved. Importantly, and unique from other ombuds, an advocate ombud may have additional vested powers to represent an aggrieved party and litigate a problem on behalf of that party.

Ombudsmen Programs as Impetus for Change

One of the key roles of an ombudsman is to consider how issues and problems in individual cases may require system-wide change in order to impact organizational culture. The independence of an ombudsman's office gives it the credibility, respect, and ability to aggregate individual grievances and cases, and use them to promote systemic change at the top administrative levels. A systems change approach emphasizes monitoring performance, assessing outcome, and ensuring public accountability. It also promotes cross-agency collaboration and partnership to provide coordinated and comprehensive service throughout the system.

Typically, ombuds are intermediaries who assess problems and recommend solutions or change. Even though they have limited authority to directly act on a problem, they nonetheless hold powerful positions, because resolution and solution is the quintessential objective of their profession. Without ombuds, an aggrieved individual must travel up the chain of command, management, or supervision to find a sympathetic ear or even an answer. However, since resolving complaints is not the primary function of management within an organization, a response to a complaint is often delegated to administrative staff, and the complaining party may get no further than a "thank you and we'll look into it and get back with you." response.

Conversely, the principal and full-time duty of an ombudsman is to provide a forum for the registering of a complaint or issue, then investigate and assess its merits, and offer recommendations or solutions to the respective parties. Advocate ombuds have additional authority to advocate the complaining party's position. Ultimately, the likelihood of more timely resolution is enhanced by the direct involvement of the ombudsman, whose duties and resources exist for the very purpose of such problemsolving.

Ombudsman programs serve a variety of functions, including educating the community; investigating allegations; monitoring programs, offices and facilities; conducting research; providing recommendations for change or improvement; and, if necessary and so authorized, bringing litigation.

Attributes and Traits of Ombuds

Probably the most important attribute of the office/position of ombudsman is that of objectivity. This implies and includes:

the exercise of discretion and confidentiality

the ability to provide objective leadership

accessibility

an absence of any...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT