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The Ombudsman

The 2004 Ombudsman Act outlines the limits and responsibilities of Bermuda?s first Ombudsman, Arlene Brock.

To investigate complaints against authorities and decide if there is evidence of ?mal-administration?.

In light of investigation, the Ombudsman will make recommendations to the authority on the actions in question and in general ?about ways of improving administrative practices and procedures?.

Government departments, boards and any other corporation or body can be investigated. Such bodies or corporations can be established by legislation or a minister.

Additionally, any body who receives funding directly from Government may also be investigated by the Ombudsman (e.g. Corporation of Hamilton or the Bermuda Housing Corporation).

Mal-administration, as defined by the Ombudsman Act 2004, includes ?inefficient, bad or improper administration.?

The following complaints can be filed:n Lengthy delays in carrying out obligations.

Abuse of any power of his or her official position.

Administrative action which is contrary to law.

Carrying out unfair, oppressive or unjustly discriminatory actions.

Negligence in actions.

Complaints of arbitrary procedures.

A person who claims that he or she was treated unjustly as result of an authority?s mal-administration. Also a person who claims an injury in connection with an administrative action of the authority can file a complaint.

When the Ombudsman is satisfied that there are ?reasonable grounds? for an investigation ?in the public interest? she can initiate an investigation without a formal complaint.

If questions of jurisdiction arise, the Ombudsman or complainant can apply to the Supreme Court for a decision on the parameters of the Ombudsman?s jurisdiction.