Submission of Complaints

Manner in which a complaint is to be made before the Ombudsman

A person is entitled to submit directly, a written complaint to the Ombudsman in relation to any injustice caused to him, in terms of the provisions of the Parliamentary Commissioner for Administration (Amendment) Act, No.26 of 1994.  It is more convenient to conduct inquiries if the necessary information is submitted in the specified form, “OMB-01” issued by this office. Complaints can be lodged by hand delivery, by registered/normal post or by way of an E-Mail message. It is not a requirement to submit a complaint through the Head of the Institution.

Similarly, complaints submitted to the Public Petitions Committee by a Member of Parliament through the Hon.Speaker also are being referred to the Ombudsman in terms of the provisions of the Act in order to investigate and report. Such complaints are being inquired into by the Ombudsman and a report thereto is forwarded to the Public Petitions Committee in the Parliament. Final decision on those matters is given by the Public Petitions Committee.

Essential information to be included in a complaint

  1. Complaint shall clearly and briefly be written in simple language. (Sinhala, Tamil or English)
  2. It is necessary to state clearly, the decision against which the complaint is made and the officer against whom the complaint is lodged and the position he holds along with his/her address.
  3. It is more appropriate to annex photocopies of important documents to prove the injustice alleged to have caused. Originals of those documents shall not be annexed.
  4. Relief sought by the complainant shall clearly be mentioned at the end of the complaint.

Steps taken by the Ombudsman upon receiving a complaint

As listed below, the Ombudsman shall commence investigation in an appropriate manner, depending on the nature of the complaint with the view of granting reliefs expeditiously.

  1. First step is to decide whether the complaint falls within the scope of the Parliamentary Commissioner for Administration Act.
  2. If the matters contained in the complaint come within the ambit of this office, reports are being called for, from the respondent party. Usually, 02 weeks time period is given for them to submit the necessary reports.
  3. Thereafter, considering the matters found in those reports, further steps are to be taken. If the injustice alleged to have been caused is rectified upon calling the reports, the complainant is informed the outcome forthwith. If not, further inquiries are to be conducted by exchanging necessary correspondence.
  4. Every effort is made, as far as possible, to grant relief to the complainants by exchanging correspondence as stated above, minimizing the attendance by the officers at this office.
  5. While exchanging correspondence, if it is established that no injustice has been caused to the complainant, it is being informed to the complainant and to the authorities concerned of such decision.
  6. If it is difficult to come to a conclusion by exchanging correspondence, the matter is fixed for inquiry after summoning all the parties concerned and the Ombudsman then makes appropriate recommendations after holding an independent inquiry.
  7. Eventually, measures are taken to inform in writing, the decisions /recommendations /suggestions made by the Ombudsman to the complainant and to the relevant officials.
  8. The Ombudsman requests the respondent party to implement such decisions /recommendations/ suggestions within a specific period of time.
  9. If a Head of an Institution (Authorized Officer) does not implement satisfactorily the said recommendation or no action is taken within the specified period, the Ombudsman forwards a copy of his final report together with the recommendation to the President and to the Parliament in accordance with the provisions stipulated in the Act, having considered the observations in depth, if any, made by the Head of the Institution.
  10. Obtaining assistance of an Attorney-at-Law or any other person to defend the complainant is not allowed in terms of the provisions of the Act. However, when the complainant is physically unfit or is having infirmities; assistance of his/her relation or benefactor could be obtained at the discretion of the Ombudsman.
  11. Time taken to grant relief will depend on the nature of the complaint and the response made thereto by the respondent party. If the respondent party submits the report without delay, it will help granting the relief to the aggrieved party expeditiously. However, every effort is made to make recommendations within a period of 03 months from the date of filing the complaint and it will anyway depend on the response by the relevant officers. However, serious effort is made to arrive at the final decision within a period of one year from the date of the receipt of a complaint.

Complaints which may not be investigated by the Ombudsman

  1. Requests for employments/houses. (Section 10(2) of the Act)
  2. Matters relating to public security and the matters in relation to the provisions in the Public Security Ordinance. (Section 11(b) (i) of the Act)
  3. Complaints connected with the terms and conditions of the service of any person who is or was a member of the Armed Forces, Police Force or other Forces charged with the maintenance of public order. (Section 11(b)(iii) of the Act)
  4. Matters in which a decision has been pronounced or being heard in a court of law. (Section 11(b)(iv) of the Act)
  5. Complaints regarding appointments, transfers, dismissals or disciplinary control of public officers. (Section 11(b)(v) of the Act)
  6. Complaints regarding the matters which are being or had been subjected to auditing by the Auditor General. (Section 11(b)(vi) of the Act)
  7. Complaints made after a lapse of a long period of time. (Unreasonable Delay) (Section 13(1)(c) of the Act)
  8. Matters relating to public policies or cabinet decisions.
  9. Election issues of the Commissioner of Election.
  10. Complaints against disputes among private parties including private companies.
  11. Anonymous or unsigned complaints.