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OMBUDSMAN (PROCEDURE) REGULATIONS,
1981 (CI 19)
ARRANGEMENT OF REGULATIONS
Regulation
1. Complaints Entertained by
Ombudsman
2. Form of Complaint
3.
4. Complaints Relating to the
Granting or Refusal of Permits,
Allowances, Etc.
5. Ombudsman to Forward Comments
to Complainant for His
Observations
6. Objections by Complainants
7. Authorised Officers to Bring
Action in Courts
IN exercise of the power conferred
on the Ombudsman by subsection (8)
of section 4 of the Ombudsman Act,
1980 (Act 400) these Regulations
are made this 6th day of May,
1981.
Regulation 1—Complaints
Entertained by Ombudsman.
No complaint arising out of any
action taken or omitted to be
taken by any body, organisation or
person specified in subsection (1)
of section 2 of the Ombudsman Act,
1980 (Act 400) shall be
entertained by the Ombudsman where
the action or omission occurred
before the 19th day of March,
1980.
Regulation 2—Form of Complaint.
(1) Every complaint lodged with
the Ombudsman shall be in writing
and signed by the complainant.
(2) Where the complainant cannot
read and write the person who
writes the complaint for the
complainant shall—
(a) read it over and interpret it
to the complainant; and
(b) declare in writing that the
complainant has fully understood
or at least appeared to understand
and appreciate the contents of the
complaint.
(3) Where a complaint is written
by a person other than the
complainant under sub-regulation
(2) of this regulation the
complaint shall bear the full name
and address and the thumb-print of
the complainant.
(4) A complaint lodged with the
Ombudsman shall indicate—
(a) the names of the town locality
and street where the complainant
resides;
(b) the telephone number of the
complainant (if any);
(c) the body, organisation or
person against whom the complaint
is lodged;
(d) in detail, the nature of the
complaint or grievance (together
with copies of any documents in
support thereof);
(e) the nature of the injustice or
harm that the complainant has
suffered as a result of the action
taken or omitted to be taken by
the body, organisation or person
specified in subsection (1) of
section 2 of the said Ombudsman
Act, 1980.
(5) A person who lodges a
complaint with the Ombudsman on
behalf of another person shall
state the capacity in which he
does so and the reason therefor.
Regulation 3—
(1) Any complaint lodged with the
Ombudsman or the substance thereof
shall be transmitted to the head
of the body or organisation or the
person, as the case may be,
against whom the complaint is
made.
(2) Where a complaint is
transmitted under sub-regulation
(1) of this regulation the head of
the body or organisation or the
person against whom the complaint
is made shall within ten days
after receiving the complaint
forward his comments thereon to
the Ombudsman.
(3) Where a complaint is against a
decision, the head of the body or
organisation or the person, as the
case may be, against whom the
complaint is made shall comment on
the complaint setting out in
detail—
(a) the date when the decision was
taken;
(b) the person to whom the
decision was directed;
(c) whether and in what manner it
could be appealed against; and
(d) the full name and official
status of the person who took the
decision.
(4) In every case, where the
decision complained against—
(a) rejects a party's application
in whole or in part; or
(b) settles a controversy between
parties; or
(c) imposes an obligation upon a
party;
the comments thereon required
under sub-regulation (3) of this
regulation shall contain the legal
and factual reasoning underlying
the decision.
Regulation 4—Complaints Relating
to the Granting or Refusal of
Permits, Allowances, Etc.
(1) Where a complaint relates to a
refusal or delay in the granting
of a permit, allowance, allocation
of goods or services or some other
facility or application, the head
of the body, or organisation or
person whose duty it is to grant
or refuse the permit, allowance,
allocation of goods or services or
such other facility or application
shall submit in writing to the
Ombudsman—
(a) the criteria which determine
the grant or refusal together with
his comments thereon;
(b) any records of proceedings or
minutes relating to the grant or
refusal; and
(c) the steps, if any, that were
taken to bring to the notice of
the complainant or to the general
public who are likely to be
affected by the grant or refusal
current information regarding the
rules, criteria, policies or
procedures governing the
consideration of applications.
(2) Where the reasons given for
the refusal or delay in the
granting of a permit, allowance,
allocation of goods or services or
some other facility or application
include scarcity or inadequacy of
goods or services the head of the
body or organisation or person
giving such reasons shall also
state what measures have been
taken to overcome the scarcity in
order to satisfy the complainant.
Regulation 5—Ombudsman to Forward
Comments to Complainant for His
Observations.
On receipt of the comments
referred to in Regulation 4 of
these Regulations the Ombudsman
shall forward a copy thereof to
the complainant who shall within
ten days after the receipt of such
comments submit to the Ombudsman
his observations on the matters
raised therein.
Regulation 6—Objections by
Complainants.
(1) Where a complainant has any
reason to object to a particular
representative of the Ombudsman
who investigates the case of the
complainant at a regional or
district office of the Ombudsman
the complainant may accordingly
raise an objection, and shall
state his reasons therefor by
writing to the Ombudsman to enable
him take a decision.
(2) An objection under
sub-regulation (1) of this
regulation may be raised at any
stage of an investigation.
Regulation 7—Authorised Officers
to Bring Action in Courts.
For the purposes of subsection (7)
of section 4 of the said Ombudsman
Act the Ombudsman may by writing
authorise any public officer to
bring an action in the name of the
Ombudsman.
MR. JUSTICE G. K. ANDOH
Ombudsman
Date of Gazette Notification: 17th
July, 1981.
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