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B. Main tasks of Ombudsman institutions

Ombudsman’s action upon complaints and on its own initiative

Principle 8(a)

The Ombudsman institution is easily accessible when compared with
courts, through measures such as receiving oral complaints, a lack of
formal requirements when complaining and the absence of a requirement
for legal representation. In Portugal, for example, the Ombudsman has a
dedicated Children, Senior Citizens, and Disabled Persons Unit. This Unit
seeks to meet the needs of vulnerable persons and provides three
helplines (the Children’s Helpline, the Senior Citizens’ Helpline, and the
Disabled Person’s Helpline) through which citizens can seek advice and
make complaints. The Ombudsman’s Annual Report for 2017 details how
the Unit dealt with 4026 calls in the previous year and helped citizens
through advice, signposting, mediation, and investigation of complaints.
While the Ombudsman’s task will often involve investigation of
complaints, there are examples of mediation being used to resolve
disputes. In the Principality of Monaco, the High Commissioner for the
Protection of Rights, Liberties and Mediation places a particular emphasis
on a consensual approach to complaints, the office being a tool for
conciliation, support and dialogue. In its Annual Report for 2017, the High
Commissioner explains that the three main outcomes achieved by the
office are: support to help a citizen understand their situation where the
action complained about is justified; the achievement of an amicable
resolution where differences between the parties are bridged and a
solution emerges that satisfies all parties; and a formal recommendation
when an organisation is asked to change its position. In explaining the
office's approach, the High Commissioner refers to listening,
understanding, informing, explaining, advising, and breaking deadlocks
as being key to its role in improving the relationship between citizens and
public bodies.

An important part of being a rights-holder friendly institution is the ability
to ensure that those citizens who are unable to complain are,
nonetheless, protected. The own-initiative power of investigation is an
effective means of achieving this. For example, the Austrian Ombudsman
Board’s legislation allows the Ombudsman Board not only to investigate
where a complaint has been received, but also where there has not been
a complaint. The own-initiative power is widespread among Ombudsman
institutions and features in many countries, including Bosnia and
Herzegovina, Croatia, Czech Republic, Denmark, Finland, Greece,

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