Champions Of Justice
The Office of the Ombudsman of Trinidad and Tobago was established in 1977 with the passage of the Ombudsman Act Chapter 2:52. We are an independent institution through which persons may lodge complaints of unfair treatment or maladministration by Ministries, government departments or state agencies.
The Ombudsman can best be described as a ‘grievance person’ to whom persons can seek redress for the mistakes, delays, rigidity or negligence of bureaucracy. As an Officer of Parliament who is accountable solely to Parliament, the Office of the Ombudsman is not a part of the machinery of government. The Office of the Ombudsman is therefore a non-political, impartial oversight institution.
Our History
Our History
A Look Into Our Past
Meet The Team
Meet The Team
Our Structure and Leadership
Our Vision
Our Mission
- Investigate and seek remedies to complaints of administrative injustice in an impartial and ethical manner
- Educate the public on their rights and responsibilities
- Advocate improvements in standards of service delivery in the public sector of Trinidad and Tobago
Uncovering Bureaucratic Hurdles
Conducts thorough, impartial and independent investigation of complaints
Provides recommendations for the resolution of complaints
Consults and makes recommendations to authorities for the purpose of improving administrative policies, practices and decisions
Provides advice and referrals where matters are not within the Office’s jurisdiction
The Ombudsman’s role is thus both investigatory and advisory. Persons who have been aggrieved by a public authority and have been unsuccessful in resolving their complaint directly with the institution may submit a complaint to the Office of the Ombudsman.
In addition to investigating complaints of maladministration, the Ombudsman can make recommendations to Ministries, government departments and state authorities aimed at improving the delivery of public services. Where institutions fail to comply with the Ombudsman’s recommendations, he can highlight the matter via submitting a special report on the issue to Parliament.
A Legacy of Accountability and Redress
The year 1976 saw the enactment of the Constitution of the Republic of Trinidad and Tobago Act, in which provision was made for the Office of the Ombudsman. The institution would become a reality in 1977 with the passage of the Ombudsman Act, which contained supplemental provisions. The effect of these statutory enactments created an independent office that members of the public could access to seek redress against administrative injustice.
The principal function of the Office of the Ombudsman is the investigation of complaints of maladministration against government departments and agencies by members of the public. The role and functions of the Ombudsman are set out in section 93(1) of the Constitution, which reads as follows:
The principal function of the Ombudsman shall be to investigate any decision and recommendation made including any advice to a Minister or any act done or omitted by any department of government or any authority... being action taken in exercise of the administrative functions of that department or authority.
Powers of The Ombudsman
The Ombudsman’s powers to investigate are extensive.
He has power to enter and inspect any premises over which he has jurisdiction and can call for, examine and, if necessary, retain any document kept on such premises and carry out any investigation in pursuance of his function.
He is also vested with the powers of a High Court judge to summon witnesses to appear before him and compel them to give evidence on oath and to produce documents relevant to the proceedings before him.
This power is further enhanced as the Ombudsman can act on his own to initiate an investigation. All information obtained by the Ombudsman in the course of an investigation is privileged information and can only be used for the purpose of his investigation. This provision is an additional safeguard for the public.
The Ombudsman’s Powers under the Freedom of Information Act
A person who has been denied access to an official document through the Freedom of Information Act can request a review of the merits of the public authority’s decision by the Ombudsman. The complaint to the Ombudsman must be made in writing within twenty-one (21) days of the receipt of the public authority’s decision. The Complaint must also include a copy of the written notice from the public authority. Upon receipt of the complaint the Ombudsman will review the reasons given by the public authority to determine legislative compliance with the provisions of the FOI Act.
The Ombudsman is authorized under the FOI Act to inspect all relevant materials including documents which are claimed to be exempt.
Government institutions/agencies are obliged under the law to provide all necessary assistance to the Ombudsman for the conduct of the review.
When conducting a review, the Ombudsman is authorized to:
Require the department/agency to provide information and/or documents
Require the conduct of further searches if the requested document cannot be located by the public authority
The Ombudsman, after examining the relevant documents, will make such recommendations as he thinks fit to the Permanent Secretary or Head of the Public Authority with respect to the grant of access to the document.
The Ombudsman’s recommendations will be made within thirty (30) days of the receipt of the complaint or as soon as practicable
Summons
The Office of the Ombudsman is governed by the Constitution of the Republic of Trinidad and Tobago, Chapter 1:01 and the Ombudsman Act, Chap. 2:52.
Section 97 (1) of the Constitution of the Republic of Trinidad and Tobago, Chap. 1:01 states “The Ombudsman shall have the powers of the High Court to summon witnesses to appear before him and to compel them to give evidence on oath and to produce documents relevant to the proceedings before him and all persons giving evidence at those proceedings shall have the same duties and liabilities and enjoy the same privileges as in the High Court.”
The issuance of summons is one of the tools used by the Ombudsman as an effective recourse for resolving matters brought against Ministries/Government Departments and State Agencies.
