This month the Ombudsman’s findings highlight the importance of public bodies following guidance, policies and procedures, which are often in place to protect staff and service users.

We published decision reports from 18 complaints investigated by the Ombudsman. 12 of these were about the Health sector, five about Local Government, and one about Joint Health and Social Care. The outcome of these 18 complaints were:

• Fully upheld: 12
• Some upheld: 1
• Not upheld: 5

The Ombudsman has also published two public reports, which give details of two investigations which made significant finding. She has published these so that others can learn from the findings to prevent similar outcomes in the future.

Recommendations and feedback

We made 44 recommendations to public bodies. 25 of these were about steps public bodies could take to learn and improve from the complaint. A further 3 recommendations were about how complaints handling could be improved. One recommendation we made was for a public body to provide financial redress for funding that should have been received by the person affected.

Many of the recommendations we made to public bodies were with regards to how guidance, policies and procedures should be applied. Importantly, staff involved should be appropriately informed and trained on how to apply these in a specific situation. This can be critical in a health care setting where decisions impact on the care and treatment of patients.

We also highlight several recommendations which were made to ensure that staff in public bodies are aware of their organisations complaints handling procedure. Guidance on the Model Complaints Handling Procedure can be found on our website.

All our published decision reports can be read in full on our website.

El Instituto Andaluz de Administración Pública (IAAP) colaborará en la formación del personal al servicio de la Oficina del Defensor del Pueblo Andaluz tras haber acordado esta Institución extender el convenio de colaboración en esta materia con este organismo público hasta 2027.

En septiembre de 2019 ambas partes suscribieron un acuerdo marco en materia de actividades docentes y de investigación para la organización conjunta de cursos, conferencias, seminarios, congresos y publicaciones, así como la realización de proyectos de investigación y desarrollo. El convenio tenía una vigencia de cuatro años pudiendo ser prorrogado otros cuatro.

Dado el grado de satisfacción con la ejecución y el desarrollo del mismo, el director del IAAP, José Loaiza, y el Defensor del Pueblo Andaluz, Jesús Maeztu, han suscrito una adenda para extender su aplicación hasta septiembre de 2027.

El IAAP, adscrito a la Consejería de Justicia, Administración Local y Función Pública, cuenta entre sus funciones específicas la de colaborar y cooperar con otros órganos y entidades, públicos y privados con funciones de formación del personal” así como realizar, con sus propios medios o mediante contratos o convenios, estudios y trabajos sobre el funcionamiento de las organizaciones públicas y, en especial, de la Junta. También se encarga de promover la investigación en aquellas materias relacionadas con la organización y actividad de las Administraciones y entidades públicas andaluzas. Por su parte, el Defensor del Pueblo Andaluz ha decidido volver a contar con la colaboración del IAAP para el diseño y el desarrollo de los planes de formación del personal a su servicio.

The Parliamentary Ombudsman has examined the wording of two criminal judgments. In one of the judgments, the district court included a close-up photo of the defendant. In the second judgment, the district court has taken photographs of the injured party and her home. Both judgments also include a variety of other pictures, such as alleged crime instruments and bloodstains. The Parliamentary Ombudsman notes that photographs of a person included in a criminal judgment become immediately available to anyone who examines the judgment and means that the court is helping to distribute the photographs. According to the Parliamentary Ombudsman, a court must not assist in the distribution of images that may jeopardise the individual’s right to privacy and protection of their private life. She is highly critical of the inclusion of the photographs of the defendant and the injured party, as well as the photographs of the injured party’s home, in the judgments under review and is of the opinion that the district court should have considered more carefully whether it was justifiable to do so in view of their privacy. The chief judge of the district court was responsible for drafting the judgments and is criticised.

In the decision, the Parliamentary Ombudsman discusses the considerations that a judge should make before including photographs and other illustrations in a criminal judgment.

In the first half of 2023, the Ombudsman of the Republic of Moldova continued to carry out a careful and exhaustive analysis of the way in which the national public authorities managed the situation of foreign refugees on the territory of the country as a result of the armed conflict in Ukraine. As a result of this monitoring, the People’s Advocate together with his team prepared a detailed report, in which the essential observations, conclusions and recommendations are reflected, including from a legislative perspective, which would allow strengthening the guarantees offered by the Republic of Moldova for the refugees.

A particularly significant aspect is the implementation for the first time of temporary protection as a legal form of immediate protection, within the efforts to ensure the rights of refugees from Ukraine. This initiative represents a turning point in the approach and protection of people affected by the armed conflict, highlighting the commitment of the Republic of Moldova in terms of respecting and promoting human rights.

Through the examination of the national legislative framework regarding the asylum compared to international standards, were outlined some deficiencies and inconsistencies, which led the Ombudsman to address 13 recommendations to the competent national authorities. These recommendations represent essential steps to correct the identified gaps and to ensure compliance with international standards, especially considering the status of the Republic of Moldova as a candidate country within the European Union.

The report reveals invasive behaviors of the national authorities responsible for managing state borders, in a context where both the unjustified refusal to allow foreigners access to the country’s territory and legislative loopholes leading to significant violations of defense rights and limiting access to justice for foreign refugee persons.

Among the recommendations addressed there are facilitating access to the asylum procedure, adjusting the way of interviewing the asylum seeker by involving a commission, ensuring access to free legal assistance and basing entry refusal decisions on the immediate risks for society. In addition, it emphasizes the importance of removing the requirement to confirm a residential address in Moldova for access to temporary protection and promoting an inclusive approach for refugees, avoiding segregation based on ethnicity.

The People’s Advocate reaffirms its commitment to the protection and promotion of the rights of refugees and continues to collaborate with the authorities to implement recommendations and improve conditions for these vulnerable people.

For more information and details, read the report by accessing the following link http://ombudsman.md/wp-content/uploads/2023/08/Raport_engl_2023.pdf

The monitoring report was carried out within the project “Strengthening the capacities of the People’s Advocate Office on protecting and promoting the refugees’ rights and other persons”, with the financial support of the Office of the United Nations High Commissioner for Refugee (UNHCR).

This month the Ombudsman’s findings highlight the importance of public bodies following guidance, policies and procedures, which are often in place to protect staff and service users...