On Tuesday 25 June, Parliamentary Ombudsman Petri Jääskeläinen submitted his Annual Report 2023 to Speaker of Parliament Jussi Halla-aho.
In 2023, there were a total of 7,124 complaints (6,613 in 2022). This is just over 500 (7.7%) more than the previous year. The largest number of complaints concerned social welfare 1,136 (997), the police 855 (821), healthcare 803 (751) and criminal sanctions 591 (672). In the reporting year, 6,876 complaints were resolved. The corresponding figure in 2022 was 6,857.
There were 133 submissions and hearings and 83 inspections were carried out (76 in 2022).
Importance of the Ombudsman’s own initiatives in the oversight of legality
In his general comment in the Annual Report, Parliamentary Ombudsman Jääskeläinen discusses the Ombudsman’s own-initiative investigations, which are the third avenue of the Ombudsman’s oversight of legality in addition to processing complaints and performing inspections.
Own initiatives are based on the Ombudsman's own observations on matters in which there is reason to suspect unlawful conduct or deficiencies in the realisation of fundamental or human rights. Own initiatives often address matters that involve structural deficiencies or that otherwise hold a wider significance than an individual case.
Own initiatives are especially important in safeguarding the rights and treatment of people who are unable to submit complaints about the violations they have experienced. For example, they include children, older people, persons with disabilities or psychiatric patients.
Own-initiative investigations may also be started for procedural reasons. For example, if numerous complaints are made about the actions of the police in connection with a demonstration, it may be appropriate to investigate the matter as a whole as the Ombudsman's own initiative in which all the events, claims and issues relevant from the point of view of the investigation can be compiled from the different complaints.
The number of own-initiative investigations is low, fewer than 100 per year, but their importance is higher than their number. Own-initiative investigations are very productive as on average about 70% of them result in the Ombudsman taking action.
Oversight of legality in healthcare
In her general comment, Deputy-Ombudsman Maija Sakslin looks at the Ombudsman's oversight of healthcare. The Parliamentary Ombudsman oversees public healthcare, but also private healthcare operators when they perform a public task.
Based on the number of the complaints received, healthcare has for several years been one of the largest categories of matters in the Ombudsman’s oversight of legality. Complaints usually concern access to treatment, the right to good care and treatment, the right to be given information, and responding to requests, enquiries and objections.
However, from the point of view of oversight of legality, good care of the patient does not involve only medical appropriateness: the realisation of the patient’s fundamental rights and the fulfilment of the other obligations laid down in legislation are also always required. The Ombudsman oversees especially the realisation of the patient’s right to self-determination and protection of privacy, the conditions and treatment of patients as well as the realisation of their fundamental rights (also by investigating how patients are advised, how they are informed about their rights and how their family members and people close to them are taken into account), the functionality and appropriateness of the facilities and their utilisation rates and possible overcrowding, personnel resources and the presence of nursing staff.
Because the oversight carried out by the Ombudsman is oversight of legality, the Ombudsman does not comment on issues related to medicine or dental medicine. When medical expertise is needed for assessing the legality of the actions, the Ombudsman usually requests a comment from the Regional State Administrative Agency or the National Supervisory Authority for Welfare and Health (Valvira). The Ombudsman may also use external healthcare experts during inspections.
The Annual Report of the Ombudsman’s includes a list of shortcomings in the availability of health care services and the relevant legislation. To rectify the shortcomings he has observed in legislation, the Ombudsman has submitted proposals for amending the legislation to ministries.
In straightforward cases, the Ombudsman has made proposals for recompense. The starting point for the proposals for recompense has been the fact that the right to health services of an adequate quality, ensured as a fundamental and human right, has not been realised. The proposals have usually concerned especially the availability of treatment or its quality.
The public task has important legal significance
In his general comment, Deputy-Ombudsman Mikko Sarja discusses the concept of a public task, which defines the Ombudsman’s powers of oversight, and its relationship with the provisions in the Constitution of Finland on delegating a public administrative task to others than public authorities. Although the Ombudsman has overseen the authorities since the beginning of his operation in 1920; it is only since 1991 that he has overseen those performing a public task. The concept has not been defined in an act, but its content is based on the Ombudsman’s interpretations. The concept of a public administrative task, entered into the Constitution in 2000, in turn derives its content especially from legislative drafting and the interpretations of the Constitutional Law Committee.
Both concepts are linked to delegating official tasks to private actors. Today, this practice is used fairly extensively in the performance of various tasks and the provision of services that the authorities are responsible for organising. As the Ombudsman also oversees these private actors, the circle of those subject to his oversight must be constantly reassessed.
As concepts, a public task and a public administrative task are open to interpretation not only separately but also in relation to each other, and a clear distinction is not always made between them even in legislation. However, it is important to perceive the difference because the concepts have different purposes, and general administrative laws such as the Administrative Procedure Act and the Language Act apply to private actors only when they perform public administrative tasks. As a concept, a public task is indeed more extensive than a public administrative task. For this reason, the Ombudsman's powers of oversight also cover tasks that cannot be considered public administrative tasks, such as the universal service obligation of Posti and the public service obligation of Yleisradio.
It is important for the operator to be aware of its role at least as a performer of a public administrative task and of the obligations that follow from it. Therefore, it is important to identify, assess and point out public administrative tasks – and where necessary, public tasks – when drafting and enacting legislation.
The Annual Report of the Parliamentary Ombudsman has been published (in Finnish) on the Ombudsman's website.
For further information, please contact Administrative Assessor Astrid Geisor-Goman, tel. +358 9 432 3391.
