In simple terms
is slow and costly, and it only deals with legality. Most complaints about public administration are better handled by other bodies: tribunals that decide disputes in specialist areas, and the Ombudsman, who investigates .
Tribunals
What they are: Tribunals are bodies set up by statute to decide disputes in a particular field, such as employment, tax or rent. They are usually cheaper, quicker and more expert than the ordinary courts.
Control by the courts: Tribunals must act within their powers and fairly. Their decisions may be appealed where a statute allows, and in any event are subject to the supervisory of the High Court.
The Ombudsman
The office: The Ombudsman investigates complaints of injustice caused by maladministration in government departments and public bodies. In Sierra Leone the office was set up by the Ombudsman Act 1997.
Maladministration: The word covers bad administration rather than unlawfulness: delay, rudeness, bias, neglect, failing to follow procedure, or failing to explain. The Ombudsman can act where no legal remedy exists.
Powers: The Ombudsman can investigate, call for documents and make recommendations, but cannot quash decisions or award binding compensation. His strength lies in publicity and persuasion.
Other bodies
Human rights: The Human Rights Commission of Sierra Leone, set up by statute in 2004, investigates human rights complaints and advises government.
Choosing a route
Which remedy: A person with a complaint should consider an appeal first, then a tribunal or the Ombudsman for maladministration, and judicial review where the decision is unlawful. The courts may refuse review where a suitable alternative remedy exists.
Words and Latin in this note
- Maladministration
- Bad administration, such as delay, neglect, bias or rudeness, investigated by the Ombudsman. It is wider than unlawfulness.
- Judicial review
- The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court. Open the note.
Memory map
The Ombudsman and tribunals
Tribunals
- What they are
- Control by the courts
The Ombudsman
- The office
- Maladministration
- Powers
Other bodies
- Human rights
Key points
- Tribunals decide disputes in specialist fields…
- The Ombudsman investigates maladministration,…
- The Ombudsman recommends but cannot quash…
- The courts may refuse judicial review where a…
Key terms
- Judicial review
- Maladministration
Take-home points
- Tribunals decide disputes in specialist fields and remain subject to the High Court's supervision.
- The Ombudsman investigates maladministration, which is wider than unlawfulness.
- The Ombudsman recommends but cannot quash decisions.
- The courts may refuse judicial review where a suitable alternative remedy exists.
See also
- The Ombudsman Act , 1997 · 1997
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