Lecture 8: Introducing Ombudsman Toronto Kwame Addo Flashcards
Describe the role of Ombudsman
Toronto
An Ombudsman works independently, impartially, accessibly, and confidentially to ensure the local government serves people fairly. They:
- Investigate complaints from the public after regular complaint mechanisms have been exhausted.
- Look into concerns without a complaint, at the Ombudsman’s discretion.
- Help people navigate their local
government when they are
experiencing problems.
What does Ombudsman
Toronto do
Ombudsman Toronto’s investigations
resolve complaints.
- Their work results in concrete and
lasting improvements to systems for better service to the public. - Their consultations and education with
the City help staff understand what
fair service to the public requires and
how to deliver it. - Their outreach to the public helps people to know their rights and to hold their City government accountable.
What Ombudsman
Toronto Does
Not Do?
- We do not act as advocate for a complainant, or as apologist for the public service.
- We do not require anyone to do anything, except co-operate with all our questions and document
requests; no Decisions or Orders. - We do not manage City departments or tell the public service how to do its
job. - We do not generally review
complaints by City employees. - We do not oversee Councillor conduct. 9
Is Ombudsman a paid service?
NO
What legal powers does Ombudsman have?
Ombudsman Toronto staff can issue subpoenas to interview witnesses and
obtain documents.
- Our findings and recommendations are
final and not subject to appeal
Is Ombudsman indépendant or part of the city?
They are independent and impartial
What legal protections do they have?
Our work is confidential, and exempt from disclosure under the FOI (Freedom of Information) process in
the Municipal Freedom of Information and Protection of Privacy Act.
- Our staff is immune from liability, and we can’t be required to testify about
our work.
Explain the complaint process they have..
So first a complaints analyst will listen and ask questions to under the complaint to see if it’s within their scope
2.. then if it’s outside their scope or has not gone through the city’s complaints process they may refer the complaint back to the city
3.. If it is within their scope and has gone through the city complaints process, they well ask for consent to contact the city and learn more
4..Then the complaints analyst will then gather more info with the City
5…if the complaint is complex an investigator will take over the file and then keep the city and the complainant and city informed throughout the investigation
6… Then they will inform the complainant when they close the case and explain their findings and what they told the city
Explain their investigation process
They will first review the case and the investigator may determine if the formal investigation is needed or not
2.. if so the ombudsman will provide the city with a formal notice and then launch a full investigation
3.. Then an investigation team will begin gathering and analyzing all necessary evidence
4.. Once the investigation is complete they will let the city and the complainants know
5.. Then they will publish a report with their findings and recommendations they have for the city and may share the report publicly
6.. Then they will lastly monitor the city until they are satisfied that their recommendations have been successfully applied
What does fair outcome involve
- Made with appropriate legal authority
- based only on relevant info
- Lawful and not arbitrary
- Rules, policies, and procedures are applied with consistency
- Considerate of needs and circumstances of the person affected
- Not oppressive or discriminatory
What does fair process involve
- Clear communication and good record keeping
- An impartial decision maker
- An opportunity to be heard
- Clear info about decision making criteria
- Info about review or appeal processes
- Advance notice of action or decision
What’s their three administrative fairness process
- Fair treatment
- Fair process
- Fair outcome
What does fair treatment involve
- All people are treated with dignity respect and care
- Accessible service meets people’s needs
- Accountability and continuous improvement
- Equitable treatment that considers individual needs
- People centred
- Robust and accessible complaints process
Who can make a complaint?
Any member of the public who interacts with the City and is personally affected can make a complaint to Ombudsman Toronto. Complaints can be made on someone else’s behalf with written consent.
What Types of
Complaints Can
Someone Make?
Complaints must fall within
our legal mandate, and the
person must make
reasonable efforts to
resolve the issue(s) directly
with the City before we can
help. If they cannot help, they will provide referrals when possible.
