Guide to the Services Provided by the Public Services Ombudsma The Ombudsma provides a service to the public that is: Impartial Idepedet Free of Charge
Who is the Public Services Ombudsma? Dilip Dayaram Tirathdas is the curret Ombudsma. He was appoited o 1st April 2017 upo the retiremet of Mario Hook who served as Ombudsma for over 14 years. The Ombudsma works together with a team of six officers: Nicholas Caetao Deputy Public Services Ombudsma, Head of Ivestigatios ad Staff Maager Steffa Sachez Iformatio Systems Support Executive Officer ad Huma Resources Maager Nadie Pardo-Zammit Executive Assistat to the Ombudsma ad Public Relatios Maager Kare Calamaro Executive Seior Ivestigatig Officer ad Fiace Maager Sarah De Jesus Executive Ivestigatig Officer Daiel Romero Executive Ivestigatig Officer Public Services Ombudsma Orgaizatioal Chart Dilip Dayaram Tirathdas Nicholas Caetao Steffa Sachez Nadie Pardo-Zammit Kare Calamaro Sarah De Jesus Daiel Romero Tel: (+350) 20046001 Email: ifo@ombudsma.gi Web: www.ombudsma.org.gi 3
What Services Does The Ombudsma Provide? The Ombudsma ivestigates complaits by the public about ay acts or omissios by Govermet etities, agecies ad authorities. This icludes the Royal Gibraltar Police, the Gibraltar Health Authority, the Housig Works Agecy ad may other etities cotracted by the Govermet to provide public services. The aim of the Ombudsma is to put thigs right for members of the public who may have suffered hardship or a ijustice resultig from the maladmiistratio or poor service by a Govermet departmet or authority. 4 Public Services Ombudsma 10 Goveror s Lae, Gibraltar
What Complaits Ca The Ombudsma Ivestigate? The Ombudsma ormally ivestigates a complait if this has ot bee adequately dealt with uder the complaits procedure of the Public Service Provider cocered. The Ombudsma will ivestigate a complait agaist a Public Service Provider who: has failed to deal with a complait adequately uder its complaits procedure; has ot followed its established admiistrative rules, procedures ad practices; has failed to respod to letters or other correspodece promptly ad satisfactorily; has treated a complaiat ufairly, ureasoably or i a improper or maer; has bee careless or egliget i the service provided; has take a decisio based o irrelevat grouds or based o icorrect or icomplete iformatio; has take a decisio without proper authority to do so; has take too log to deal with a matter, without reasoable excuse. Tel: (+350) 20046001 Email: ifo@ombudsma.gi Web: www.ombudsma.org.gi 5
What Complaits Caot Be Ivestigated By The Ombudsma? There are some complaits agaist Public Service Providers that the Ombudsma caot ormally ivestigate. These iclude complaits where: the Ombudsma cosiders that the Complaiat has a alterative ad more appropriate remedy by way of proceedigs i ay court of law, board of equiry or tribual; the Ombudsma cosiders that the Complaiat has a more appropriate remedy by way of legal actio for a claim relatig to medical egligece or malpractice by medical professioals. The Ombudsma will therefore ot ormally look at complaits related to: Cliical Judgemet u Cliical judgmet by medical professioals, icludig diagoses ad treatmet; Negligece or Malpractice by Doctors ad other Medical Professioals Employmet u Recruitmet u Pay ad coditios of employmet u Cotracts of employmet Other issues subject to legal proceedigs before the courts or idepedet tribuals The Complaiat should seek idepedet legal advice o the above matters. The Citize s Advice Bureau may be able to assist with the provisio of such legal advice, i the first istace. 6 Public Services Ombudsma 10 Goveror s Lae, Gibraltar
What Remedies Ca The Ombudsma Provide? The Public Services Ombudsma ca offer a rage of potetial o-judicial remedies, which ca iclude but are ot limited to recommedig to the Public Service Provider that it should: provide a apology; give a explaatio; correct a error; chage its practices, procedures ad systems. Whe Should A Complait Be Made To The Ombudsma? Before a complait is made to the Ombudsma, the Complaiat should try ad resolve ay issues directly with the relevat Public Service Provider uder the service provider s ow complaits procedure. If the complait is ot resolved promptly i this way, the a complait should be made to the Ombudsma. The complait to the Ombudsma should be made ot later tha 6 moths from the date that the Complaiat first had otice of the matter alleged. Tel: (+350) 20046001 Email: ifo@ombudsma.gi Web: www.ombudsma.org.gi 7
How Will The Ombudsma Deal With My Complait? The Ombudsma will ivestigate the complait by examiig the relevat iformatio available from both the Complaiat ad the Public Service Provider. This may iclude iterviews with the relevat people ivolved with the complait, icludig the callig ad examiatio of witesses; a examiatio of the relevat files, documets ad other records available to the Public Service Provider; a examiatio of ay letters or other correspodece betwee the Complaiat ad the Public Service Provider; obtaiig advice from relevat experts, icludig cliical assessors; ad obtaiig a writte report from the Public Service Provider. How To Submit A Complait To The Ombudsma Complaits to the Ombudsma ca be made, i the first istace, by callig i at the Ombudsma s Office i perso, by telephoe or by email. This would the ormally be followed up by writig directly to the Ombudsma at the followig address: The Public Services Ombudsma 10 Goveror s Lae Gibraltar Phoe: (+350) 20046001 Email: ifo@ombudsma.gi Website: www.ombudsma.org.gi A Complaits Form ca be foud at the appedix to this Guide ad is also available olie at the above website. 8 Public Services Ombudsma 10 Goveror s Lae, Gibraltar
COMPLAINT FORM DETAILS OF COMPLAINANT First Name... Surame... Home Address...... Email:... Home Phoe No... PRELIMINARY DETAILS OF COMPLAINT 1. Which Public Service Provider does your complait relate to?... 2. Whe did the alleged matter first come to your attetio? (MM/DD/YYYY)... 3 (a). Have you already complaied to the Public Service Provider directly? (Yes or No)... 3 (b). If so, have they respoded to you? (Yes or No)... Tel: (+350) 20046001 Email: ifo@ombudsma.gi Web: www.ombudsma.org.gi
BRIEF DESCRIPTION OF COMPLAINT SIGNATURE OF COMPLAINANT:... Public Services Ombudsma 10 Goveror s Lae, Gibraltar