CHAPTER 6 | how the Ombudsman helped people

Oversighting agency investigations

Some of the complaints made each year to the Ombudsman raise issues that can only be investigated thoroughly by a major investigation or by drawing on specialist investigation skills. In the mid-1990s, the Ombudsman established a separate section in the office to conduct major investigations. Some of those investigations were initiated by the Ombudsman's office itself, usually into aspects of government administrative practice, while others were in response to specific complaints to the office.

It became apparent that the Ombudsman's major investigations section could not provide the resources or range of specialist skills needed for all the work it was called on to do. A decision was made in 2002–03 to disband the section and reallocate its resources to the specialist teams across the office. The office has been exploring alternative ways of meeting the challenge posed by major and specialist investigations.

One approach is to play a role with other agencies in conducting a major investigation. Two examples are given in the case studies Joint investigation of police complaint and Managing major incidents. In one we conducted an investigation jointly with staff from an agency; in the other we played more of a consultative role in relation to an investigation by a specialist consultant employed by an agency. In other instances during 2003–04, we pointed out to an agency that a matter warranted thorough investigation in a specialist manner, and called on the agency to advise whether it proposed to take action, failing which the Ombudsman's office would consider doing so. To that extent, the office has variously prompted, facilitated or oversighted investigations, without fully conducting the investigation itself.

Our recent experience is that there can be clear advantages in this flexible approach, which can be adapted to the circumstances of a particular issue. Investigations tend to be conducted more efficiently and promptly than the office could itself manage while handling tens of thousands of other complaints, inquiries and approaches each year. It is also less resource intensive for the office, and enables Ombudsman staff to access the specialist investigation skills and knowledge that some agencies either have or can employ.

There are, on the other hand, certain risks to be borne in mind. The special role of the Ombudsman is to bring an external, independent and objective eye to the investigation of complaints against government. If we are partially relying on an agency to conduct or to facilitate an investigation, we need to reassure complainants and the public generally that those values have not been sacrificed. Difficult questions to do with the disclosure of the findings of an investigation can arise as well. Depending on the arrangements with the agency concerned, it may not be within the discretion of the Ombudsman to release publicly the investigation report—though we are committed to ensuring that complainants are properly informed of the results of an investigation. There must also be a readiness on the part of the Ombudsman's office to conduct a further review of its own, should this be required.