Frequently Asked Questions

The term "Ombudsman" comes from Swedish and was first used when the Ombudsman institution was established in Sweden in 1809. It originates from the Old Norse word umboosmaor, which means "representative."

Over the years, the role of an Ombudsman has evolved to become a key figure in protecting the rights of persons. Today, an Ombudsman is seen as someone who promotes fair administration and provides protection against unfair treatment, misuse of power, and discrimination by public services.

The Ombudsman institution is an official office, usually created by a constitution or law. It is led by an independent, high-ranking official who looks into complaints from people and entities/associations/NGOs who believe they have been treated unfairly by government agencies, officials, or employees.

The Ombudsman institutions can also start investigations on their own. They have the authority to investigate issues, point out problems, suggest solutions, and raise public awareness about governmental actions. Ombudsman institutions are known for their integrity and influence, working impartially and efficiently. They aim to provide quick, cost-effective, and straightforward solutions.

Easily approachable, the Ombudsman does not impose penalties but focuses on identifying issues and recommending solutions to ensure fair administration.

The Ombudsman acts as a Commissioner for Administrative Investigations, handling complaints from the public about decisions, actions, or failures to act by public authorities. This includes government departments, statutory bodies, corporations, agencies, foundations, and any companies where the government has a significant administrative influence.

Members of the public who feel they have been treated unfairly or have suffered injustice, hardship, or discrimination by these bodies can submit complaints to the Ombudsman. The Ombudsman reviews these complaints confidentially and uses the information provided solely for the purposes of the investigation. The services of the Ombudsman are free of charge, and he is committed to completing investigations as quickly as possible without compromising the quality of his work.

It is important to note that the Ombudsman's office is considered as a last resort, therefore before referring a complaint for investigation, one must exhaust all other ordinary means of redress available.

Filing a complaint with the Ombudsman does not suspend any legal time limits for taking judicial action. Therefore, complainants are encouraged to proceed with any legal measure required to protect their rights in parallel to submitting a complaint to the Ombudsman.

The Parliamentary Ombudsman is an independent Officer of Parliament, appointed by the President of the Republic. This appointment is the result of a resolution of the House of Representatives supported by the votes of at least two-thirds of all its members.

The Ombudsman institution in Malta was established by the Ombudsman Act, which was enacted on 25 July 1995. This Act was later amended in 2010 to allow for the appointment of Commissioners for Administrative Investigations who focus on specific areas within the public administration, namely health, environment and planning, and education. These Commissioners are also independent Officers of Parliament.

The three specialised Commissioners appointed within the Office of the Parliamentary Ombudsman give their full attention to issues related to health, environment and planning, and education.

Although they operate independently when investigating complaints related to their areas of specialisation, they are fully integrated into the broader structure of the Office of the Parliamentary Ombudsman for all other purposes. If you have a complaint related to health, environment and planning, or education, you should still direct it to the Parliamentary Ombudsman as the Ombudsman has the legal authority to assign these complaints to the appropriate Commissioner.

Yes, the Ombudsman has the authority to start investigations on his own initiative. This is typically done when issues of significant public interest or importance exist. The Ombudsman can also allow the Commissioners to conduct such investigations.

Additionally, any Committee of the House of Representatives can refer matters to the Ombudsman for investigation. The Prime Minister can also request that the Ombudsman investigate any issue which, in his opinion, warrant further examination.

The Ombudsman investigates complaints from those who believe that their rights have been violated due to poor administration by public authorities. This could be because of mistakes, delays, unfair treatment, or improper actions by government departments or other public bodies.

Examples of issues the Ombudsman looks into include:

• Unnecessary delays in decision-making or responding to citizens.
• Unfair application of rules and failure to follow proper procedures.
• Inconsistent actions by public bodies when compared to how similar situations in the past had been tackled by the said public bodies.
• Refusing to provide information that the public has a right to know.
• Treating people who are in the same situation differently.
• Rudeness or lack of courtesy from public officials.
• Mistakes in handling the complainant’s affairs.
• Rigid and inflexible application of rules.
• Failing to inform people about their right to appeal or the manner in which decisions can be challenged.
• Not taking responsibility for damage caused by a public body or refusing to offer an apology, explanation, or compensation.
• Failing to give reasons for actions or decisions.
• Acting with bias, prejudice, or giving preferential treatment.
• Alleged violations of a person’s fundamental rights.

These examples highlight how the Ombudsman ensures that public authorities treat citizens fairly and uphold good administrative practices.

The Ombudsman may decide not to investigate a complaint if:

• You haven’t first tried to resolve the issue directly with the public body involved.
• There is another way to address the problem.
• The complaint is seen as trivial, not serious, or not made in good faith.
• You don't have a strong personal connection to the issue being complained about.

Generally, a complaint must be submitted to the Ombudsman within six months from the date when you first became aware of the issue. However, in special circumstances, the Ombudsman may choose to investigate a complaint even if it is made after this period.

Yes, if you have already lodged a complaint with an internal grievances unit and are not satisfied with its decision, you can bring your grievance to the Office of the Ombudsman. When doing so, make sure to include all relevant documents, including a copy of the decision of the internal grievances unit.

You can also lodge a complaint with the Ombudsman if you believe you were treated unfairly as a result of the decision made by the grievances unit. However, the Ombudsman will only investigate these complaints if satisfied that you have a strong personal interest in the matter.

While the Ombudsman’s recommendations are not legally binding, they carry significant weight, with 85% of recommendations being implemented by the public administration. This high rate of compliance is due to the meticulous and impartial way the Ombudsman conducts investigations.

Submitting a complaint to the Ombudsman offers several key advantages:

• The Ombudsman is completely independent of the government and the public authorities he investigates.
• Investigations are conducted confidentially, and the names of complainants are not disclosed in the published final opinions.
• The Ombudsman has access to all public files and documents and can summon individuals, including public officials, to provide evidence.
• The Ombudsman is impartial, ensuring that both the complainant and the public entity or department are heard and treated fairly.
• There are no charges for submitting a complaint.
• The process is non-adversarial, aiming to resolve issues without confrontation.
• Complainants are regularly updated on the progress of their case.
• The Ombudsman provides full transparency, ensuring you understand how your case is being handled by the authorities.

These benefits make the Ombudsman a valuable resource for those seeking a fair resolution to their complaints.

You can submit a complaint to the Office of the Ombudsman in several ways: by letter, email, online, or by using the appropriate complaint form. When submitting a complaint, make sure to include all necessary details, such as:

• The government department, agency, or organisation you believe is responsible for the issue.
• The action, decision, or lack of action that led to your grievance.
• The steps you have already taken to try to resolve the problem or have the decision reviewed.
• The outcome of those efforts.
• How the actions of the public body affected you.
• Why you believe that the public body acted unfairly or infringed on your rights.
• What do you think should be done to resolve the complaint.

It is important to attach copies of any relevant correspondence or documentation in support of your complaint and which show that you have already tried to get the issue resolved by the public body involved.

If you submit your complaint by email or online, you will also need to mail a printed and signed copy of the complaint form, along with all supporting documents, to the Office of the Ombudsman at 11, St. Paul’s Street, Valletta.

Yes, the Office of the Ombudsman offers assistance to anyone who finds it difficult or is unable to write their complaint. You can either call the Public Relations Officer (PRO) for help or visit the Office of the Ombudsman in person to meet with the PRO for advice and support.

The Office is open to the public during the following hours:

October – May: 08:30 – 12:00 and 13:30 – 15:00

June – September: 08:30 – 12:30

You do not need to hire a lawyer, trade union representative, or local councillor to submit a complaint to the Ombudsman. The Office adopts an informal approach to resolving complaints, and all grievances are treated equally, whether submitted directly or through the help of a professional.

When the Ombudsman decides that a complaint warrants an investigation, you will be informed of this decision and provided with the name of the Investigating Officer handling your case. At the same time, the Office of the Ombudsman will contact the public body involved to gather all necessary information and explanations related to the complaint. Based on this investigation, the Ombudsman will form an opinion on the matter.

When the Ombudsman receives a complaint that is admissible for investigation, the first step is to review the circumstances of the case and gather all relevant facts. Based on this investigation, the Ombudsman forms an independent opinion on whether the action or decision in question:

• Violates the law.
• Is unreasonable, unjust, oppressive, or improperly discriminatory.
• Follows a law or practice that may be unreasonable, unjust, oppressive, or discriminatory.
• Is based on a mistake of law or fact.
• Is simply wrong. 

The Ombudsman also considers whether a discretionary power was used improperly, whether there was discrimination, or if reasons should have been provided for a decision.

If the Ombudsman finds that a complaint is justified, either fully or partially, recommendations will be made to the public body on how to resolve the grievance and what redress should be provided. The goal is to restore the complainants to the position they would have been in if the issue had not occurred. While the Ombudsman cannot enforce these recommendations, they are usually accepted, and many complaints are resolved satisfactorily before a formal recommendation is even necessary.

When an investigation uncovers broader issues within the public body's procedures, the Ombudsman’s findings often lead to changes in those procedures, helping to prevent similar problems in the future.

The Ombudsman’s final opinion cannot be reviewed unless the complainant presents new evidence or information that was not available during the original investigation and could potentially change the outcome of the case.

However, it’s important to note that the Ombudsman’s decision does not affect your legal rights. If you are unhappy with the outcome, you can still take your case to court. While the Ombudsman offers an alternative, non-judicial way to resolve complaints, your right to pursue legal action remains unaffected.

The Ombudsman cannot enforce his recommendations or override the decisions of public administration or authorities. However, if a complaint is upheld, the Ombudsman can ask the public administration or authorities to inform him, within a certain timeframe, of the steps they intend to take to address his recommendations.

If the recommendations are ignored or not accepted, the Ombudsman may escalate the issue by sending a copy of his report and recommendations to the Prime Minister and the House of Representatives. The Ombudsman may also choose to make the case public by sharing it with the media.

The time needed to resolve a complaint varies depending on the complexity of the issue and the level of cooperation from the public authorities involved. The Office of the Ombudsman works diligently to complete investigations—whether formal or informal—as quickly as possible without compromising the quality of the investigation. Throughout the process, the Ombudsman will keep you updated on the progress of your complaint.

All investigations conducted by the Ombudsman are completely confidential, and any information provided is used solely for the investigation. The Office of the Ombudsman does not charge any fees for its services, and every investigation is conducted with a focus on fairness and equity.