Is This Maladministration? Let’s talk about it

In our last article, we introduced the Office of the Complaints Commissioner (Ombudsman) and explained that we are here to help the public when something has gone wrong in the way a public body has handled a matter. Many people ask a simple question before they contact us: “Is what happened to me maladministration?” This article gives a practical guide.

Maladministration is not just “bad service.” It refers to problems in how a decision was made or how a public service was delivered, especially if the process seemed unfair, unreasonable, careless, delayed, inconsistent, or not in line with proper procedure. Sometimes the outcome may be disappointing but still lawful and fair. Other times, the outcome might be “right,” but the way it was handled was not.

Common signs of maladministration

You may be experiencing maladministration if you notice any of these patterns:

1. Unreasonable delay

   Your matter is left unanswered for weeks or months with no clear explanation, no updates, or repeated “come back later” responses.

2. Poor communication or not giving reasons

   A public body makes a decision affecting you, but does not explain why, does not tell you what evidence was used, or refuses to respond to reasonable questions.

3. Inconsistent treatment

   You are told one thing by one officer and the opposite by another, or you are treated differently from others without a reasonable explanation.

4. Failure to follow policy or proper procedure

   A public body does not follow its own rules, published policies, or required steps—especially where fairness requires notice, an opportunity to respond, or a clear process.

5. Mistakes and carelessness

   Your file is lost, key information is recorded incorrectly, or decisions are made using wrong facts that you can show are wrong.

6. Unfairness

   You were not given a chance to explain your side, you were not told what was needed from you, or the decision was made without considering relevant information.

7. Not considering your matter properly

   A complaint is dismissed without being looked at seriously, or you receive a “standard response” that does not address what you actually raised.

Practical examples you may recognize

Here are everyday examples that may fall into maladministration, depending on the facts:

• You submitted an application, followed up several times, and still received no clear response or timeline.

• You were told to provide documents, you provided them, and later you are told the documents were never received—without any record check or effort to resolve the issue.

• You received a refusal, but no reasons were given and no guidance provided on what to do next.

• A decision that affects you was made using inaccurate information, and when you point this out, no one corrects the record.

• You attempted to use an internal complaints process, but your complaint was ignored, delayed, or handled by someone directly involved in the matter without independence.

What maladministration is not

Not every dispute is maladministration. For example:

• A disagreement with a policy (the Ombudsman may not be able to change policy, but we can look at whether it was applied fairly).

• A decision you simply dislike, where the process was lawful and reasonable.

• Private disputes between individuals or businesses (unless a public body is involved).

• Matters that belong in court, or where a formal appeal process must be used first.

Before you contact us: three helpful steps

To help us assess your matter quickly, you can do these three things:

1. Write a short timeline (dates, who you spoke with, what you were told).

2. Gather key documents (letters, emails, receipts, application forms, screenshots).

3. Try the agency’s internal process first, if one exists—unless the matter is urgent or you have a good reason why that is not possible.

How the Office can help

When we accept a complaint, we may assess whether the public body acted fairly, followed proper procedure, communicated reasonably, considered relevant information, and handled your matter within a reasonable time. Where problems are found, we can seek a fair resolution, which may include better explanations, corrective action, reconsideration of a decision, an apology, improvements to procedures, or other appropriate remedies.

In our next article, we will share how to make a good complaint—what to include, what to avoid, and what happens after you submit it.

If you believe you have been treated unfairly by a public body, we encourage you to contact the Office of the Complaints Commissioner (Ombudsman). We are here to support fairness, transparency, and accountability in public administration.

For further information, please contact: Office of the Complaints Commission Phone Number: 649-338-3407 Email Address: complaints_commission@gov.tc; or visit www.gov.tc/ombudsman