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Directive to the Storting's
Ombudsman Laid down by the Storting
19 February 1980
§ 1. Purpose (Re § 3 of the Ombudsman Act) The Storting's Ombudsman for Public Administration - the Civil Ombudsman
- shall endeavour to ensure that injustice is not committed against the
individual citizen by the public administration and that civil servants
and other persons employed or involved in public administration service
do not commit errors or fail to carry out their duties. § 2. Scope of powers (Re § 3 of the Ombudsman Act) The scope of the Ombudsman's powers embraces the public administration and all engaged in its service with the exceptions prescribed in § 4 of the Act. The Select Committee of the Storting for the Scrutiny of the Intelligence Services shall not be regarded as part of the public administration pursuant to the Ombudsman Act. The Ombudsman shall not investigate complaints concerning the Intelligence Services which has been examined by the Select Committee of the Storting for the Scrutiny of the Intelligence Services. The exception laid down for the functions of the Courts of Law in accordance
with the first paragraph litra c) of § 4 of the Act also embraces decisions
which may be brought before a court by means of a complaint, an appeal
or some other legal remedy. § 3. The form and basis of a complaint (Re § 6 of the Ombudsman Act) A complaint may be brought directly before the Ombudsman. It should be made in writing and be signed by the complainant or someone acting on his behalf. If the complaint is made orally to the Ombudsman, he shall ensure that it is immediately set up in writing and signed by the complainant. The complainant should as far as possible give the grounds on which the
complaint is based and submit evidence and other documents relating to
the case. § 4. Exceeding the time limit for complaints (Re § 6 of the Ombudsman Act) If the time limit pursuant to § 6 of the Act - one year - is exceeded,
this sbould represent no hindrance to the Ombudsman taking the matter
up on his own initiative. § 5. Terms and conditions for complaints proceedings If a complaint is made against a decision which the complainant has a right to submit for review before a superior agency of the public administration, the Ombudsman shall not deal with the complaint unless he finds special grounds for taking the matter up immediately. The Ombudsman shall advise the complainant of the right he has to have the decision reviewed through administrative channels. If the complainant cannot have the decision reviewed because he has exceeded the time limit for complaints, the Ombudsman shall decide whether he, in view of the circumstances, shall nevertheless deal with the complaint. If the complaint concerns other matters which can be brought before a higher authority of the public administration or before a special supervisory agency, the Ombudsman should advise the complainant to take the matter up with the authority concerned or himself submit the case to such authority unless the Ombudsman finds special reason for taking the matter up himself immediately. The provisions in the first and second paragraphs are not applicable if the King is the only complaints instance open to the complainant. § 6. Investigation of complaints (Re §§ 7 and 8 of the Ombudsman Act) A complaint which the Ombudsman takes up for closer investigation shall usually be brought before the administrative agency or the public official involved in the complaint. The same applies to subsequent statements and information from the complainant. The relevant administrative agency or public official shall always be given the opportunity to make a statement before the Ombudsman expresses his opinion as mentioned in the second and third paragraphs of § 10 of the Ombudsman Act. The Ombudsman decides what steps should be taken to clarify the facts of the case. He may obtain such information as he deems necessary in accordance with the provisions of § 7 of the Ombudsman Act and may set a time limit for complying with an injunction to provide information or submit documentation etc. He may also undertake specific investigations at the administrative agency or enterprise to which the complaint relates, cf. § 8 of the Ombudsman Act. The complainant has a right to acquaint himself with statements and information given in the complaints case, unless he is not entitled thereto under the applicable rules for the administrative agency concerned. If the Ombudsman deems it necessary on special grounds, he may obtain statements from experts. § 7. Notification to the complainant if a case is not proceeded upon (Re § 6 fourth paragraph of the Ombudsman Act) If the Ombudsman finds that there are no grounds for proceeding upon a complaint, the complainant shall immediately be notified to this effect. As far as possible the Ombudsman should advise him of any other channel of complaint which may exist or himself refer the case to the correct authority. § 8. Cases taken up on own initiative (Re § 5 of the Ombudsman Act) If the Ombudsman finds reason to do so, he may undertake a closer investigation on his own initiative concerning administrative proceedings, decisions or other matters. The provisions in the first, second and fourth paragraphs of § 6 shall apply correspondingly to such investigations. § 9. Termination of the Ombudsman's proceedings (Re § 10 of the Ombudsman Act) The Ombudsman shall personally express his views in all incoming cases which follow a complaint or which he takes up on his own initiative. He may nevertheless authorize the Head of Division to terminate cases which must obviously be rejected. The Ombudsman expresses his views in a statement where he gives his opinion on the questions relating to the case and coming under the scope of his powers, cf. § 10 of the Ombudsman Act. § 10. Instructions for the staff (Re § 2 of the Ombudsman Act) The Ombudsman shall issue specific instructions for his staff. He may authorize his office staff to undertake the necessary preparations of cases to be dealt with. § 11. Pledge of secrecy in reports to the public Restrictions on the right to give information pursuant to § 12 third paragraph, shall apply correspondingly in reports to the public under § 10 sixth paragraph of the Ombudsman Act. § 12. Annual report to the Storting (Re § 12 of the Ombudsman Act) The annual report of the Ombudsman to the Storting shall be submitted by 1 April each year and shall cover the Ombudsman's activities during the period 1 January - 31 December of the previous year. The report shall contain a survey of the proceedings in the individual case which the Ombudsman feels is of general interest and shall mention those cases where he has drawn attention to shortcomings in statutory law, administrative regulations or administrative practice or has made a special report in accordance with § 12 second paragraph of the Ombudsman Act. If the Ombudsman has found that the complaint is without foundation, neither the complainant's nor the public official's name shall be mentioned in the report. If the Ombudsman finds reason to do so, he may also in other cases omit names. The report must not contain information on industrial or trade secrets. The Ombudsman shall also ensure that information subject to the pledge of secrecy does not appear in the report. Any description of cases where the Ombudsman has expressed his opinion as mentioned in § 10 second, third and fourth paragraphs of the Ombudsman Act, shall contain an account of what the administrative agency or public official has stated in respect of the complaint, cf. § 6 first paragraph third sentence. § 13. Entry into force This Directive shall enter into force 1 March 1980. From the same date the Storting's Directive for the Ombudsman of 8 June 1968 is repealed.
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