Ombudsman: when the authorities ignore you, someone can stand up for you

Who is the Ombudsman and why does he exist?

An ombudsman is an independent institution whose main task is to protect individuals from misconduct by the authorities. It is not, therefore, an ombudsman in the general sense of the word, dealing with neighbourly disputes or quarrels between businessmen. The Ombudsman of the Czech Republic focuses exclusively on the performance of public administration, i.e. on the actions of state authorities, ministries, financial authorities, building authorities, labour offices, social administration, as well as municipalities and regions in the exercise of their delegated powers.

The idea of an ombudsman originated in Scandinavia and gradually spread throughout Europe. In the Czech Republic, the Ombudsman’s Office was established under the Ombudsman Act. It is this law that determines what the Ombudsman can and cannot do, what powers he has and how a citizen can turn to him.

This shows that there is interest in the institution, but at the same time, there are a number of myths surrounding it. One of the most common is the idea that the ombudsman can overturn a decision of the authority or order the authority to make a different decision. However, it is not that simple.

What the Ombudsman actually does and what he can help you with

The Ombudsman is primarily concerned with whether the authorities are acting in accordance with the law, the principles of good administration and the fundamental rights of citizens. A typical example is when an authority fails to take action for a long time, does not respond to requests, does not justify its decisions or engages in manifestly unfair practices.

Imagine, for example, an elderly woman applying for a care allowance. The Labour Office repeatedly asks her to complete documents, but never clearly explains exactly what is missing. The procedure drags on for months, and in the meantime she has no means of securing the necessary assistance. In cases like this, the ombudsman often intervenes – examining the office’s procedures, pointing out errors and recommending remedies.

There are also well-known cases concerning construction procedures. The Ombudsman has repeatedly dealt with cases where building authorities have unduly prolonged proceedings or insufficiently protected the rights of neighbours. In one of the cases, the proceedings for the permit to build a family house took a disproportionately long time. The Ombudsman found a violation of the right to a decision within a reasonable time and contributed to the authority finally reaching a decision.

The ombudsman may also deal with discrimination by the authorities, access to social benefits, the conduct of the police, the prison service or, for example, the conduct of health insurance companies in the exercise of public administration. But the important thing is that the Ombudsman always examines the actions of the authorities, not whether the outcome of the procedure is “fair” for you from a human point of view.

As well as scrutinising the authorities, the Ombudsman also plays an important role in the area of discrimination. The Ombudsman is charged by law with protecting equal treatment and helping people who feel discriminated against because of, for example, age, gender, disability, nationality, sexual orientation or religion. Contrary to popular belief, this does not always have to be the case with the authorities – the ombudsman also provides methodological assistance in cases of discrimination in employment, education, services or housing.

Typical examples are situations where a person is refused a flat simply because of her origin, or where an employer puts a female employee at a disadvantage after she returns from parental leave. In these cases, the Ombudsman’s Office does not assess the dispute as a court, but helps victims of discrimination to navigate their rights, assess whether the anti-discrimination law may have been violated and suggest further action.

When, on the other hand, the ombudsman will not help

Knowing when to turn to the ombudsman is just as important as knowing when it is pointless. The Ombudsman is not a court and cannot overrule or change decisions of the authorities. Nor can it intervene in the activities of private individuals, companies, banks or insurance companies, unless they are acting as public authorities.

A typical example is a dispute with an employer, a neighbour or an operator. Although this may be a very serious and stressful situation, the Ombudsman cannot intervene in such matters. Nor can it review final court decisions. If your dispute has already been dealt with in court, the route through the Ombudsman’s office is closed.

The ombudsman also usually requires you to try to defend yourself first through normal legal means – i.e. an appeal, complaint or objection. Only if these steps fail or are clearly ineffective does it make sense to go to the Ombudsman. It is therefore worth taking the help of a lawyer in the first instance.

How the Ombudsman’s Office works in practice

JUDr. Stanislav Křeček has been the Ombudsman since 2020. The Ombudsman’s Office is based in Brno and deals with thousands of complaints from citizens every year. Complaints can be submitted in writing, electronically or in person. No special form or legal language is required, the important thing is to describe the problem clearly and to document how you have tried to resolve the situation.

Once the Ombudsman’s office receives your complaint, it will assess whether it falls within its remit. If it does, the Ombudsman will open an investigation, seek a statement from the office and assess the legality of its actions. This may result in a recommendation for remedial action, a warning of a systemic problem or a public criticism of the office.

It is often public pressure and the authority of the institution that makes authorities change their approach. Although the Ombudsman does not have ‘enforcement’ powers, his opinions are taken very seriously.

Real cases where the Ombudsman has played a key role

One of the most well-known and sensitive areas where the Ombudsman has acted for a long time is the unlawful (illegal) sterilisation of women. Already in 2005, the first ombudsman, Otakar Motejl, summarised cases where sterilisations were carried out without genuine and informed consent and drew attention to the seriousness of the infringement of the fundamental rights of the women concerned. The issue has subsequently returned to the public debate, not least because for many victims a judicial remedy has been virtually unavailable for years. This is why the Ombudsman’s Office repeatedly supported the adoption (and later the modification) of a compensation mechanism.

In recent years, the ombudsman has also publicly pointed out specific problems in the handling of compensation claims by the Ministry of Health – in particular, delays (the law provides for a decision within 60 days), incorrect evaluation of evidence, and disregard for repeated requests. Importantly, the Ombudsman also reported on legislative changes that have reopened the path to compensation for women (e.g. the possibility of resubmitting the application and extending the time limit).

The second “big” area is the conditions of people deprived of their liberty and people dependent on care – i.e. prisons, detention centres, but also social services. Here, the Ombudsman acts not only as an institution that responds to individual complaints, but also as a monitoring authority in the framework of systematic visits to facilities. In the prison sector, for example, the Ombudsman has long pointed out that the key problem is overcrowding and the associated burden on staff, as well as the risk of deteriorating treatment and resocialisation conditions.

At the same time, he has published findings from visits to prisons, where he has described recurring themes such as lack of privacy, limited conditions for dignity and minimal opportunities to spend time out of cell – and he has addressed these findings to the Prison Service management and the Ministry of Justice with recommendations for improvement.

A concrete example of the impact of his work is the situation where the Prison Service has adopted (also following discussions with the Ombudsman) rules on the use of cameras and the documentation of signs of ill-treatment, which is important both for prevention and for possible investigation of incidents.

Similarly, in the area of social services, the Ombudsman publishes findings on how seniors and people with dementia are living in residential facilities – including cases where he has identified mistreatment and described specific systemic deficiencies. This includes its activity against so-called unregistered facilities that provide care without authorisation – where the Ombudsman has launched a series of visits and publicly highlighted the risks to vulnerable people.

When is it worth contacting a lawyer?

Although the Ombudsman is an important ombudsman, there are limits to what he can do. If you need to actively defend your rights, take legal action, claim compensation or force the authorities to take action, you often cannot do without a lawyer.

A typical example of this is when the authorities admit wrongdoing after the ombudsman’s intervention, but do not compensate you for the damage. Or when you need to file an administrative claim and you don’t know how to formulate your arguments properly.

At The Accessible Advocate, we can help you decide whether it makes sense to go to the ombudsman or whether it is better to choose another legal route. You can manage your first consultation online and without unnecessary stress.

Summary

The Ombudsman is a key institution for checking the functioning of the authorities and protecting citizens from their misconduct. It can help where communication, legality or the basic principles of fair administration are failing. But it is not a substitute for a court or a lawyer. If you are not sure whether your issue is suitable for the Ombudsman, or whether it is time for legal action, please contact us. An accessible advocate will help you find the fastest and most effective solution to your situation.