Law

Fights involving the Ombudsman - Front Rank File

April 25, 2021 Paul Brennan
Law
Fights involving the Ombudsman - Front Rank File
Show Notes Transcript

Taking your complaint to the  Ombudsman can be like two  Pandas mating; expectations can be high, but the results disappointing 

Brennans solicitors
Lawyers - Property, commercial, disputes, Wills and estates 

Brennans solicitors
Lawyers - Property, commercial, disputes, Wills and estates 

Brennans solicitors
Lawyers - Property, commercial, disputes, Wills and estates

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Paul Brennan is the principal of Brennans Solicitors, a law firm located on the Sunshine Coast, Queensland, Australia, where he practices with his wife, Diane in the areas of business law, litigation, property and wills/estates.

Over the years, by working in various countries, he noticed how similar the law can be. He set out to explain the law in a simple and often humorous way.

He has written several books about law and lawyers.

Further details of his profile can be found on Linkedin.

If you have seen the film Zulu you will know what it is like to be in a Government Ombudsman's office risking daily being overrun by crazed complainants, fresh from battle.

The Ombudsman's office is not allowed to use the Martini-Henry rifle and fire by rank manoeuvre, as satisfying as this may sound. However, the Ombudsman's terms of reference can be drawn so narrowly that over 75% of complaints can be opened, found to be outside the terms of reference, and closed within a matter of a few days of receipt. Unlike Zulu warriors, complainants receive a two page, admittedly standard, letter of rejection. Despite this a customer satisfaction survey remains just as imprudent today as it was in 1879.

With the decks cleared, it gives the Ombudsmen the opportunity to assess the merit and appropriately investigate the remaining complaints. However, after the carnage of repelling the initial onslaught certain government Ombudsman can feel understandably quite worn out and find it hard resist having a quick roll call and then swiftly finishing off the surviving complaints with a bureaucratic cat’s lick accompanied by another two page letter.

As in so many conflicts an Ombudsman's lack of achievement can be portrayed as a victory. With glossy brochures reporting a courageous, fearless dedication to duty with occasional salutes by departing, vanquished but appreciative complainants supported by detailed statistics proudly declaring file closures.

Shouldn't the complainants complain about this treatment? Yes, but who would believe them?

A tangible benefit of complaining to an Ombudsman is telling others that you have done so. It suggests that there is something wrong and that you have done something about it. With certain Ombudsmen, it is the only benefit. To paraphrase Michael Caine "Not a lot of people suspect that"If you have seen the film Zulu you will know what it is like to be in a Government Ombudsman's office risking daily being overrun by crazed complainants, fresh from battle.

The Ombudsman's office is not allowed to use the Martini-Henry rifle and fire by rank manoeuvre, as satisfying as this may sound. However, the Ombudsman's terms of reference can be drawn so narrowly that over 75% of complaints can be opened, found to be outside the terms of reference, and closed within a matter of a few days of receipt. Unlike Zulu warriors, complainants receive a two page, admittedly standard, letter of rejection. Despite this a customer satisfaction survey remains just as imprudent today as it was in 1879.

With the decks cleared, it gives the Ombudsmen the opportunity to assess the merit and appropriately investigate the remaining complaints. However, after the carnage of repelling the initial onslaught certain government Ombudsman can feel understandably quite worn out and find it hard resist having a quick roll call and then swiftly finishing off the surviving complaints with a bureaucratic cat’s lick accompanied by another two page letter.

As in so many conflicts an Ombudsman's lack of achievement can be portrayed as a victory. With glossy brochures reporting a courageous, fearless dedication to duty with occasional salutes by departing, vanquished but appreciative complainants supported by detailed statistics proudly declaring file closures.

Shouldn't the complainants complain about this treatment? Yes, but who would believe them?

A tangible benefit of complaining to an Ombudsman is telling others that you have done so. It suggests that there is something wrong and that you have done something about it. With certain Ombudsmen, it is the only benefit. To paraphrase Michael Caine "Not a lot of people suspect that"

© Paul Brennan 2018. All rights Reserved.

Extract from "The Art of War, Peace & Palaver: The Contentious Guide to Legal Disputes"