The National Ombudsman of the Netherlands is independent and impartial. Reinier van Zutphen is the current National Ombudsman, but he is supported in his work by an organization of about 170 employees. His job is to help individual citizens who are experiencing problems with public administraion and to advise public administration on how to improve their conduct. When appropriate, the National Ombudsman responds to problems or complaints by launching an investigation. By law, all parties concerned have to cooperate with research carried out by the National Ombudsman.
The first step: complain to the authority itself
The National Ombudsman is a 'fall-back facility '. If you have a complaint, the first step is to complain to the administrative authority itself. The National Ombudsman can only deal with your complaint if you and the administrative authority have failed to settle the matter together.
What he can and cannot do (powers)
The law states exactly what the National Ombudsman can and cannot do. There is a special National Ombudsman Act (Wet Nationale ombudsman). In addition, the work of the National Ombudsman’s office is covered by the Dutch General Administrative Law Act (Algemene wet bestuursrecht) and the existence of the National Ombudsman is guaranteed by the Dutch Constitution (Chapter 4, Article 78a).
The National Ombudsman investigates complaints brought to him by members of the public. He can also launch investigations on his own initiative. His authority pertains to almost the entire machinery of public administration: not just the ministries and their different departments, but also other administrative authorities (such as the Social Insurance Bank and the Information Management Group), the police, the water authorities, the provinces and many municipalities.
On the 10th October 2012, the National Ombudsman of the Netherlands was awarded additional powers to handle complaints about local authorities on the islands of Bonaire, St. Eustatius and Saba. This means that his jurisdiction now includes all the administrative authorities on these islands. Administrative authorities include organizations such as the tax department, the Public Prosecution Service, the police, and the population affairs department or Burgerzaken.
Only about actions
The National Ombudsman cannot deal with complaints about public administration policy or the content of laws. Complaints have to concern the actions of administrative authorities (i.e. the way they do their job). For example, if it takes an administrative agency too long to deal with a letter or request, if the complainant has not received any response to a question, or if a law has not been applied properly.
If it is possible for the individual to appeal to the administrative authority itself, the National Ombudsman must refer him or her to that authority.
Authority rather than power
The National Ombudsman’s decisions, recommendations and reports are not legally enforceable. However, the National Ombudsman has extensive investigative powers. By law, both administrative authorities and witnesses have to cooperate with his investigations. The Ombudsman can even have witnesses picked up from their homes to take part in an investigation. He investigates the facts, reaches well-argued decisions and issues clear, readable reports. The National Ombudsman owes much of his authority to the meticulous way in which he works.
The Office: 170 support workers
The National Ombudsman is assisted by around 170 employees. Many of them are lawyers. They are divided into different investigation teams, each assigned to one of the following areas:
- Safety, Justice and Non-nationals
- Employment, Income and and Education I
- Employment, Income and and Education II
- Housing, Environment and Mobility
- Health Care
The Front Office deals with telephone and e-mail enquiries from citizens, while the remaining departments (Central Services, ICT, secretariats, Communications & Library, Policy and Advice, and Personnel and Finance) support the work of the office in other ways.