Maladministration has not been defined by the legislator however, a body of case law has developed on the subject. Maladministration covers bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude, arbitrariness etc. The list is open ended and it covers the manner in which a decision is reached or discretion exercised: but not the merits of the decision or of the discretion. It follows that a discretionary decision, properly exercised, which the complainant dislikes but cannot fault the manner in which it was taken, cannot be classified as maladministration.
What can the Ombudsman do for you?
The Ombudsman's investigation and possible intervention are geared towards helping, in individual cases, to resolve problems in the relations between the Complainant and public authorities. The Ombudsman reviews the circumstances giving rise to the complaint in order to establish the facts. Having done so, the Ombudsman forms his independent opinion as to whether the act or decision amounted to maladministration. By way of follow-up, his analyses and possible recommendations are aimed at preventing similar cases arising in the future. Although he has no power to enforce his views decision his words carry a lot of weight and many of his recommendations are accepted.
Can the Ombudsman refuse to deal with a complaint?
The Ombudsman cannot investigate complaints about:
a) Private Individual.
b) When proceedings are pending in a Court or Tribunal.
c) Any criminal investigation by the Police. Matters related to Government Policy or matters which might affect the relations or dealings between the Government and any other Government, have harmful effects on the economy, prejudice the investigation or detection of offences, or be injurious to the public interest.
The Ombudsman may also refuse when:
a) The complaint is considered to be trivial, frivolous or vexatious or not made in good faith.
b) It is barred on account of the Complainant having had knowledge of the matter(s) complained about for more than six months (although in this case he may conduct an investigation when he considers that there are special circumstances which make it proper to do so).
c) The department concerned has its own complaints procedure which the Complainant has not exhausted.
i. Put your complaint in writing to the department concerned to enable them to respond or to correct the matter.
ii. If after fifteen working days you have not received an answer send the department a short reminder letter giving them a further five working days to respond.
iii. If after five working days you have still not received an answer or if you aren't happy with their reply, contact the Office of the Ombudsman and make an appointment with his Public Relations Officer bringing to the meeting a letter of complaint addressed to the Ombudsman and copies of all correspondence.