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The History of the Ombudsman
What it means to be an Ombudsman or Advocate
Until 2023, our office was known as the Office of the Children's Ombudsman. Below is information from the United States Ombudsman Association, on what that title meant. Even though our name has changed to the Office of the Child Advocate, our guiding principles and goals remain the same.
On this page, you will find more information about what an Ombudsman is, and how we operate. Click on any heading to see more information.
Core Values of an Ombudsman
Ombudsman and advocates follow a set of core values that guide how they work with people and government agencies. These values include:
- Being honest and trustworthy
- Treating everyone fairly and making sure processes are fair
- Listening without judgment, and showing respect for all backgrounds and experiences
- Helping people feel heard and understood through careful listening
- Supporting people in making their own choices and solving problems together
- Being easy to reach, dependable, and respected as a helpful resource
Key Principles of the Ombudsman’s Work
Independence
The Ombudsman works separately from other parts of the organization to stay fair and unbiased. They report to the highest level possible and aren’t influenced by anyone who could affect their decisions.
Impartiality
The Ombudsman stays neutral. They don’t take sides—whether it’s the person making the complaint or the agency involved. They avoid any situations that could create a conflict of interest.
Informality
The Ombudsman doesn’t take part in legal or disciplinary actions. Instead, they offer an informal way to help resolve problems and concerns.
Confidentiality
Privacy is a core part of the Ombudsman’s role. They keep all conversations and identities private, as much as the law allows. They may only share information if the person gives permission, if someone is at serious risk of harm, or if they need to respond to a formal complaint about their own conduct.
The History of the Ombudsman
Governments haven’t always been great at treating people fairly. Over time, different systems have been created to help protect citizens—and one of the most effective has been the Ombudsman.
An Ombudsman is a person who listens to complaints from the public and investigates them in a fair and independent way. If someone feels mistreated by a government office, the Ombudsman gives them a simple way to speak up and get help.
The first Ombudsman was appointed in Sweden back in 1809. At the time, Sweden’s government was split between the King, who made everyday decisions, and Parliament, which made the laws. Parliament created the Ombudsman role to make sure regular people were protected from unfair treatment by government workers.
This idea caught on and spread around the world. Today, an Ombudsman is usually someone chosen by lawmakers to look into complaints about how government agencies behave. The term “Ombudsman” is used for both men and women.
The concept reached the United States in the 1960s, during a time when people were demanding more transparency and fairness from their government. Hawaii was the first state to set up an Ombudsman office in 1967. Since then, many other states, cities, and counties have followed.
In the U.S., Ombudsman offices don’t all look the same. Some are chosen by governors or mayors, some focus on specific areas like prisons, and some work within just one government agency. But they all share the same goal: helping people get fair treatment from the government.
Characteristics of an Ombudsman
In 1961, a group called the American Bar Association (ABA) came up with guidelines for creating Ombudsman offices. These offices help people by investigating complaints about government actions. The ABA’s recommendations are still used today.
They suggested that state and local governments should think about setting up Ombudsman offices that can look into problems and speak out when something’s wrong. They also listed 12 important features that every Ombudsman office should have, including:
- Independence from other government officials
- The power to investigate and criticize government agencies and employees
- Access to public records
- Protection from lawsuits for doing their job
The ABA also said the federal government should test the idea in smaller areas before creating a nationwide program. Today, the United States Ombudsman Association (USOA) uses these same guidelines in its official rules and model laws.
Ombudsman’s Authority & Responsibilities
An Ombudsman Office is meant to be independent and able to investigate complaints about government agencies. They can ask tough questions, review documents, and even issue subpoenas (legal orders to get information). They can also publicly criticize government actions and suggest changes. But they don’t have the power to punish anyone or force agencies to follow their recommendations.
In a way, the Ombudsman is both strong and limited. They decide which complaints to look into and can even start investigations on their own. They can ask people to talk and share records, just like in a court case. But they can’t make government offices take action—they rely on the power of public reports and public pressure to make change happen.
There are limits to what an Ombudsman can do. They usually can’t investigate elected officials or judges. If someone has a problem with an elected official, voters can use tools like recall or impeachment. If a court makes a bad decision, it can be appealed. And if a judge behaves badly, there are ways to report it. The Ombudsman isn’t a replacement for these legal options—they’re just one more way to help hold government accountable.
Ombudsman Area of Authority
An Ombudsman’s authority depends on the law that creates their office. Some have broad powers and can look into complaints involving many different government departments at the state or local level. These are called general jurisdiction Ombudsman offices.
Others focus on just one area, like child welfare, healthcare, or prisons. These are known as specialty Ombudsman offices, and they only handle issues related to a specific agency or topic.
Appointment of an Ombudsman
The way an Ombudsman is chosen depends on the law that creates the office. Because this role is all about earning the public’s trust, it’s important that the selection process is fair and involves more than just one person or group. Ideally, both lawmakers and government leaders should have a say.
An Ombudsman works best when people see them as honest, fair, and not influenced by politics. Their effectiveness depends on being seen as someone who treats everyone equally and follows strong ethical standards.
Confidentiality
Many laws that create Ombudsman offices say that people’s identities must be kept private when they make a complaint. This is important because people need to feel safe when talking to the Ombudsman or their staff.
Sometimes, after talking things through, people decide not to file a complaint. Others may want their complaint on record but don’t want it investigated. Keeping things confidential helps build trust—so people know they can speak freely without worrying that their name will be shared without permission.
Complaint Handling
When someone brings a complaint to the Ombudsman Office, it’s first reviewed to see if it falls within the Ombudsman’s area of responsibility, whether the person has already tried the agency’s complaint process, and whether the issue is valid under the law.
The Ombudsman also helps people understand how government agencies work, what rules and laws apply, and how they might handle the issue themselves. If the complaint is accepted, the Ombudsman investigates it fairly and without bias.
Often, the Ombudsman tries to resolve the issue informally by working directly with the agency. If that doesn’t work, they may use the full power of their office—sometimes publishing a public report with recommendations for the agency or lawmakers.
In many places, people who file complaints or act as witnesses are protected by whistleblower laws. This helps ensure the Ombudsman can get all the facts and that no one is punished for speaking up.
Part of the Ombudsman’s job is also to spot patterns—like repeated abuse of power or neglect by government agencies—that may need attention from lawmakers.
Reporting
Most Ombudsman offices are required to share a yearly report with the government officials who appointed them. Since much of their work is done privately and behind the scenes, this report gives the Ombudsman a chance to speak openly about important issues.
The Annual Report usually includes numbers showing how many people contacted the office, what kinds of problems were raised, and what patterns were found. Based on this information, the Ombudsman may also suggest changes to help improve how government agencies serve the public.
Advocacy
The Ombudsman plays a unique role in government. They listen to complaints from the public, but they don’t take sides—not with the person complaining, and not with the government agency involved.
Instead, the Ombudsman acts like a neutral investigator. They look at all the facts to figure out whether something unfair or harmful happened, or if the complaint doesn’t have a solid basis.
If the Ombudsman finds a problem, they can suggest ways to fix it and improve how the government works. If those suggestions are ignored without a good reason, the Ombudsman may push harder to make sure the changes are taken seriously.
Frequently Asked Questions
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Are whistleblowers protected?
Yes. Many places have laws that protect people who file complaints or act as witnesses. This helps prevent retaliation and ensures the Ombudsman can get all the facts.
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Can the Ombudsman punish government agencies?
No. The Ombudsman doesn’t have the power to enforce decisions or discipline anyone. Instead, they use facts, fairness, and public reports to encourage change.
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Can they investigate elected officials or judges?
Usually not. Problems with elected officials are handled through voting, recall, or impeachment. Issues with judges can be appealed or reported through other legal channels.
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Do Ombudsman offices publish reports?Yes. They release an Annual Report that shows how many people contacted them, what issues came up, and what changes they recommend to improve government services. Some Ombudsman may also publish redacted reports from investigations they conduct.
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Do Ombudsman offices take sides?
No. They stay neutral and look at all the facts. Their job is to figure out what’s fair—not to support one side over the other.
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How is an Ombudsman chosen?
They’re usually selected through a fair process involving lawmakers and government leaders. It’s important that the person is seen as honest, ethical, and non-partisan.
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Is my complaint kept private?
Yes. Most Ombudsman offices are required to keep your identity and complaint confidential. You can talk to them in private, and they won’t share your name without your permission—unless someone is in serious danger.
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What does an Ombudsman do?
- Investigates complaints about government agencies
- Helps resolve issues informally when possible
- Publishes reports with recommendations
- Educates the public about government rules and processes
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What happens after I file a complaint?
The Ombudsman will:
- Check if the complaint is something they can help with
- See if you’ve already tried the agency’s complaint process
- Investigate the issue fairly
- Try to resolve it informally or publish a report with suggestions
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What is an Ombudsman?
An Ombudsman is a neutral person who helps people resolve problems with government agencies. They investigate complaints fairly and independently, and suggest ways to improve how government works.
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What kinds of complaints can they look into?
It depends on the office. Some Ombudsman offices handle a wide range of issues across many departments (general), while others focus on specific areas like child welfare or healthcare (specialty).
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What principles do they follow?
They operate with:
- Independence – free from outside influence
- Impartiality – staying neutral
- Informality – offering low-pressure help
- Confidentiality – keeping conversations private
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What values guide their work?
Ombudsman offices follow values like:
- Honesty and integrity
- Fairness and respect
- Listening carefully
- Supporting people to solve problems
- Being easy to reach and trusted by the community
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Where did the Ombudsman idea come from
The first Ombudsman was created in Sweden in 1809 to protect citizens from unfair treatment. The idea spread worldwide and reached the U.S. in the 1960s. Hawaii was the first state to set up an Ombudsman office in 1967.