Office of the Ombudsman FAQs

What is meant by maladministration?       

Maladministration means inefficient, bad or improper administration and includes:

1. Unreasonable delay in dealing with the subject matter of the investigation
2. Abuse of power
3. Administrative action that is:

1. Contrary to law
2. Unfair, oppressive or discriminatory or based on procedures that are unfair, oppressive or discriminatory,
3. Based wholly or partly on a mistake of law or fact or irrelevant grounds,
4. Related to the application of arbitrary or unreasonable procedures, or
5. Negligent

How can an aggrieved individual make a complaint?

A complaint to the Ombudsman about any administrative action of an authority

1. Shall be made by the person aggrieved but may be made on his or her behalf by a member of his or her family or other suitable persons if the person by whom the complaint might have been made is unable to act for himself or herself
2. May be made orally, electronically or in writing
3. Shall be made within one year after the day the complainant first had notice of the administrative action.

What happens to my complaint?

The Ombudsman may:

1. Refer you to a more appropriate complaints authority
2. Make preliminary inquiries which often resolves a complaint without the need for an investigation
3. Mediate the matter if this seems most appropriate
4. Conduct a full confidential investigation reviewing all relevant documentation and taking evidence (under oath if necessary)

The Ombudsman at all times acts independently and impartially and takes no side in the process of investigating a complaint.

What can the Ombudsman recommend?

To resolve a specific complaint the Ombudsman can recommend that:

1. A matter should be referred to an authority for further consideration
2. An omission or delay be rectified
3. A decision or recommendation can be canceled or altered
4. Reasons should be given for actions and decisions
5. A practice, procedure or course of conduct should be altered
6. A statute or regulation be reviewed

The Ombudsman also make general recommendations on how to improve Government procedures and policies.

How long does an investigation take?

The length of time taken to complete an investigation of a complaint is influenced by a number of factors, some of which are outside the control of the Ombudsman. The Ombudsman investigates complaints as quickly as possible and therefore request timely responses from authorities. Many cases can be resolved in a few days or weeks, but more complex cases can take much longer.

How much does it cost?

Services rendered to the general public by the Ombudsman and members of his staff are free of charge. There is no cost for the service provided to persons who seek help with their problems.  The Ombudsman often resolves problems which could otherwise be costly and time consuming.

What actions are not subject to investigation?

• Administrative actions which by virtue of any provision of the Constitution, may not be inquired into by any court
• Any administrative action taken by Cabinet or by any Minister or a Junior Minister
• Administrative actions taken for the purpose of investigating crime or protecting the security of Saint Christopher and Nevis
• The commencement or conduct of any proceedings, whether civil or criminal, before a court of law or tribunal in Saint Christopher and Nevis, including and decision whether or not to prosecute any person for an offence
• Any administrative action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matter in relation to service in any office or employment in the public service or under any authority