Legal Dictionary

ombudsman

Legal Definition of ombudsman

Noun

  1. A person whose occupation consists of investigating customer complaints against his or her employer. Many governments have ombudsmen who will investigate citizen complaints against government services.

Definition of ombudsman

Etymology

    From Swedish ombudsman < Old Norse umbošsmašr

Pronunciation

  • (RP) IPA: /ˈɒmbʊdzmən/, /ˈɒmbʌdzmęn/
  • (US) IPA: /ˈɑːmbʌdzmən/
  • Audio (US) [?]

Noun

ombudsman (plural ombudsmen)

  1. An appointed official whose duty is to investigate complaints, generally on behalf of individuals such as consumers or taxpayers, against institutions such as companies and government departments.
  2. A designated internal mediator in an organization whose duty is to assist members with conflict resolution and other problems and to serve as independent consultant to recommend changes to policies or procedures to improve organization effectiveness and efficiency.

Derived terms

  • ombudsperson
  • ombudswoman

Further reading

An ombudsman (English plural: conventionally ombudsmen) is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing the broad scope of constituent interests.

Usually appointed by the organization, but sometimes elected by the constituency, the ombudsman may, for example, investigate constituent complaints relating to the organization and attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen sometimes identify organizational roadblocks running counter to constituent interests.

In some jurisdictions an ombudsman charged with the handling of concerns about national government is more formally referred to as the 'Parliamentary Commissioner' (e.g., the United Kingdom Parliamentary Commissioner for Administration, and the Western Australian state Ombudsman). The word ombudsman and its specific meaning have been adopted in various languages, including Spanish and Czech. The post of ombudsman has been instituted by other governments and organizations such as the European Union.

An ombudsman may not be appointed by a legislature, but may instead be appointed by, or even work for, a corporation such as a utility supplier or a newspaper, for an NGO, for a professional regulatory body, or for local or municipal government.

In some countries an Inspector General may have duties similar to or overlapping with an ombudsman appointed by the legislature.

Making a complaint to an ombudsman is usually free of charge.

Origins and etymology

The origin of the word is found in Old Swedish umbušsmann (accusative) and the word umbuds man, meaning representative. The first preserved use is in Swedish. In the Danish Law of Jutland from 1241 the term is umbozman and means a royal civil servant in a hundred (country subdivision). From 1552, it is also used in the other Scandinavian languages such as the Icelandic "umbošsmašur", the Norwegian "ombudsmann" and the Danish "ombudsmand".

The modern use of the term began in Sweden, with the Swedish Parliamentary Ombudsman instituted in 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch.

A prototype of ombudsmen may have flourished in China during the Qin Dynasty (221 BC), and in Korea during the Joseon Dynasty. The Roman Tribune had some similar roles, with power to veto acts that infringed upon the Plebians.

The predecessor of the Swedish Parliamentary Ombudsman was the Office of Supreme Ombudsman, "Högste Ombudsmannen" which was established by the Swedish King, Charles XII in 1713. Charles XII was in exile in Turkey and needed a representative in Sweden to ensure that judges and civil servants acted in accordance with the laws and with their duties. If they did not do so, the Supreme Ombudsman had the right to prosecute them for negligence. In 1719 the Swedish Office of Supreme Ombudsman office became the Chancellor of Justice[1] One inspiration to the Supreme Ombudsman may have been the Turkish Diwan-al-Mazalim which appears to go back to the second Caliph, Umar (634-644) and the concept of Qadi al-Qadat.[2] However, the current predecessor of ombudsman institutions, the Swedish Parliamentary Ombudsman, is based on the concept of separation of powers as developed by Montesquieu[1], which has a western origin[3] and roots in the Enlightenment. The Parliamentary Ombudsman was established in 1809 by the Swedish Riksdag, as a parallel institution to the still-present Chancellor of Justice. The Parliamentary Ombudsman is the institution that the Scandinavian countries subsequently molded into its contemporary form, and which subsequently has been adopted in many other parts of the world.

References

  1. a b Riksdagens Ombudsmän - JO: Historik
  2. Pickl, V. (1987), "Islamic Roots of Ombudsman Systems", The Ombudsman Journal
  3. Aristotle's Political Theory

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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