The Ombudsman is not a substitute decision-maker. Although not
out of the realm of the Ombudsman to review the merits of decisions,
such action is rare. Basically, only in those instances where
an investigation determines there is absolutely no connection
between the evidence presented and the decision rendered does
the Ombudsman consider the merits of the matter. It is not the
Ombudsman's role to question whether a decision is right or
wrong but only if it is reasonable, based on supporting evidence.
A reasonable decision should indicate how the decision-maker
considered and assessed the arguments and evidence. If this
does not appear in the decision, the complainant is left questioning
how his/her circumstance was considered.
These eight fairness factors are found in the Administrative
Procedures Act. They form the nucleus of a procedural guide
to the Ombudsman when determining if natural justice and administrative
fairness prevailed in coming to a decision.
|
