Tynwald Ombudsman

1. Tynwald Ombudsman - an overview

The idea of appointing an Ombudsman who would make an independent and impartial examination of good and bad administration originated in Scandinavia in the middle of the last century, and has been taken up worldwide. An Ombudsman strengthens the principle of accountable government and weighs the conduct of faceless officials and bureaucracies. The Ombudsman bridges the gap between parliamentary political accountability on the one side and independent scrutiny by courts and tribunals on the other.

In the Isle of Man, the following are in office and all function as Ombudsmen even if not called by that title:

• Isle of Man Information Commissioner https://www.inforights.im/
• Police Complaints Commissioner https://www.gov.im/categories/home-and-neighbourhood/police-complaints-commissioner/
• Isle of Man Pensions Ombudsman https://www.gov.im/categories/benefits-and-financial-support/pensions/isle-of-man-pensions-ombudsman/
• Financial Services Ombudsman Scheme https://www.gov.im/about-the-government/statutory-boards/isle-of-man-office-of-fair-trading/financial-services-ombudsman-scheme/
• Tynwald Commissioner for Administration / Tynwald Ombudsman

The post of Tynwald Commissioner for Administration (usually referred to as the Tynwald Ombudsman) was created in 2011 under the Tynwald Commissioner for Administration Act 2011, which came into force on 1 January 2018.

The Tynwald Ombudsman is appointed by Tynwald, and although an officer of Tynwald is independent. The Tynwald Ombudsman is funded by Tynwald and is directly accessible by the Manx public, at no charge to them individually.

Since the post was first created, the scope of the Tynwald Ombudsman service has been extended several times, but there are nevertheless still some matters which are outside their powers to investigate and some persons who cannot be investigated.

The Tynwald Ombudsman has the power to investigate a complaint by a member of the public only if a person is claiming to have sustained injustice or hardship

• as a result of a service failure; or
• in consequence of maladministration in connection with any administrative action of a listed authority.

Unlike Courts or Tribunals, which receive and consider evidence provided by various opposing parties (this is known as an adversarial process), the Tynwald Ombudsman investigates complaints and has the power to call for evidence directly (an inquisitorial process).

Also unlike Courts and Tribunals, a report issued by the Tynwald Ombudsman does not form a precedent. This means that every complaint is considered afresh, not limited by anything which the Tynwald Ombudsman may have decided about earlier complaints.

Something not always known about or fully understood by those making complaints is that even though the Tynwald Ombudsman may have power to investigate and report on those complaints, they have no role to play in dispute resolution. They have no power to award any remedy, whether this takes the form of compensation or of a direction to the authority complained about to undertake remedial action. The Tynwald Ombudsman

• is not a Deemster or a Tribunal Chair or an arbitrator or a mediator;
• can only make non-binding recommendations with a view to resolving the matter; and
• if they take the view that serious harm may come to the complainant if a decision is implemented by the authority complained of, may request that any implementation be suspended pending investigation and report; but suspension remains at the discretion of that authority (which does not have to comply with the request).

All reports of the Tynwald Ombudsman are however provided to Tynwald.

The role of the Tynwald Ombudsman can be summed up as seeking to encourage redress and support improvement on the part of the authorities being investigated; to persuade rather than to compel.

2. What conduct can be investigated?

UPDATED APRIL 2025

The Tynwald Ombudsman conducts investigations into the administrative actions and any service failures of the listed authorities.

• What an administrative action consists of speaks for itself.
• The meaning of service failures is clear in the Act - either failing when providing a service, or failing to provide a service which it ought to have provided. In short, trying but getting it wrong, or not trying at all.

The Tynwald Ombudsman has the power to investigate a complaint by a member of the public only if a person is claiming to have sustained injustice or hardship

• as a result of a service failure; or
• in consequence of maladministration in connection with any administrative actionof a listed authority.

Injustice and hardship are both terms which are widely understood, and need no definition in the Act. The Tynwald Ombudsman interprets injustice and hardship to mean not necessarily that an injury or loss of some kind must have been suffered (though this may be the case), but also where there is a sense of outrage on the part of the complainant, aroused by unfair or incompetent administration.

The potential difficulty for both the complainant and the Tynwald Ombudsman arises when maladministration may have occurred, because what this includes is not specified or explained in the Act. Help is at hand however. Parliamentary Ombudsmen have been appointed worldwide over the past fifty years, and a huge amount has been written about the meaning of maladministration. The Tynwald Ombudsman, drawing on this shared experience, has defined maladministration to include the following:

Competency:

• Incompetence
• Ineptitude
• Giving misleading or inadequate advice

Procedure:

• Faulty procedures or failing to follow correct procedures
• Mistakes in handling claims
• Avoidable delay
• Neglect
• Arbitrariness
• Refusing to answer reasonable questions
• Not telling an individual about appeal rights
• Not offering an adequate remedy when one is due

Attitude:

• Bias, unfairness or prejudice
• Inattention
• Perversity and lying
• Discourtesy and lack of respect
• Turpitude (depraved or wicked behaviour or character)
• Corruption

Maladministration therefore is not confined to unlawful conduct - it is far wider. Unlawfulness is neither a precondition of, nor concomitant to a finding of maladministration; there may be maladministration without unlawfulness, and vice versa.

Policy decisions of listed authorities

The Tynwald Ombudsman investigates service failures and maladministration, and it is important to be aware that the only concern of the Tynwald Ombudsman is administration. The Tynwald Ombudsman does not have power to question the merits of policy decisions.

The Tynwald Ombudsman does not - and cannot - override the legal discretionary entitlement of a listed authority to act (unless the administrative process which led to the exercise of that discretion has been so flawed that the policy decision itself is called into question, and only then when that decision directly concerns the complainant).

The investigation is an independent assessment of the listed authority’s conduct set against standards of good administration. Ultimate political and legislative oversight and control remains with Tynwald.

No power to investigate “at large”

The role of the Tynwald Ombudsman is to investigate administrative maladministration and service failure experienced directly by a complainant, and only in circumstances where the complainant has (within the stated time limits under the Tynwald Commissioner for Administration Act 2011) exhausted the internal complaints procedures of the Listed Authority against whom a complaint is made.

The Tynwald Ombudsman does not have authority to investigate matters “at large”, in the way in which for example a Tynwald committee or public inquiry could do. Complaints of an overarching nature about the policy and administration of a Listed Authority, where the complainant has concerns as a citizen but has not themselves been directly the subject of a decision or action on the part of the Listed Authority, are not within the Tynwald Ombudsman’s powers of investigation.

3. Who can or cannot be investigated?

A. Listed Authorities

Those who can be investigated by the Tynwald Ombudsman are referred to in the Act as “listed authorities”, and include both institutions and individuals. They are:

• Departments (see below for details)
• Statutory Boards (see below for details)
• Local authorities and a joint committee of two or more local authorities
• A joint board being a body corporate which has been established under an enactment and consisting of members appointed (a) by two or more local authorities or (b) by the Department of Infrastructure and one or more local authorities
• The Manx Museum and National Trust
• The Public Services Commission
• The Attorney General’s Chambers
• The General Registry
• Industrial Relations Officers

The Act also classifies as listed authorities some (but not all) of those persons listed in section 3 of the Personal Liability (Ministers, Members and Officers) Act 2007:

• Officers (permanent or temporary) serving in the Chief Minister’s Office
• His Majesty’s Attorney General
• Officers (permanent or temporary) serving in the Attorney General’s Office
• Chief Secretary
• Officers (permanent or temporary) serving in the Cabinet Office
• Tynwald Commissioner for Administration (Tynwald Ombudsman)
• Officers (permanent or temporary) serving on the staff of the Tynwald Commissioner for Administration (Tynwald Ombudsman)
• Tynwald Auditor General (but see "Relevant Investigators" below)
• Chief Registrar
• Registrar General and any other person insofar as that person is discharging any of the duties of the Registrar General
• Officers (permanent or temporary) serving in any registry, office or division of the General Registry or the court service
• Director of the Financial Intelligence Unit
• Staff of the Financial Intelligence Unit (whether serving as employees, secondees or otherwise)
• Any other public officer, Government officer or trustee (who holds office by virtue of membership of a public body) who is specified in an order made by the Council of Ministers

The Orders made by the Council of Ministers between 2007 and 2024 under section 3 of the Personal Liability (Ministers, Members and Officers) Act 2007 designate the following as Listed Authorities

• Members of the Appointments Commission
• Health and Social Care Ombudsman Body (HSCOB)
• Members of the Road Transport Licensing Committee
• Members of the Agricultural Marketing Committee constituted under s 7 Agricultural Marketing (No. 2) Act 1948
• Members of an Independent Monitoring Board constituted under s18 Custody Act 1995
• Members of the Parole Committee constituted under s 23 Custody Act 1995
• Members of any governing body referred to in an instrument made by the Department of Education, Sport and Culture under s 5 Education Act 2001 [schools]
• Members of any governing body referred to in an instrument made by the Department of Education, Sport and Culture under s 33(2) Education Act 2001 [colleges]
• Members of the Legal Aid Committee constituted under s 23 Legal Aid Act 1986 or any person referred to in s 23(2) attending in a Member’s place [Excluding questions of any entitlement to Legal Aid, which is reserved to the jurisdiction of the Legal Aid Tribunal, itself not being a Listed Authority https://www.gov.im/categories/benefits-and-financial-support/legal-aid/appeals-to-the-legal-aid-tribunal/ ]
• Members of the Mental Health Commission established under s 119 Mental Health Act 1998
• Members of an Endowment Committee constituted under para 5 Sch 2 Social Services Act 2011
• Members of any body or committee established under s 2 National Health Service Act 2001
• Trustees of the Manx Heritage Foundation, established by the Manx Heritage Foundation Act 1982 and trading as Culture Vannin, under Isle of Man charity registration number 333
• Members of the Manx Heritage Foundation, established by the Manx Heritage Foundation Act 1982, as appointed or elected by virtue of s 1(2) of that Act, and trading as Culture Vannin, under Isle of Man charity registration number 333
• Members of the Preservation of War Memorials Committee, established by a resolution of Tynwald on 21 October 2008
• Adjudicators appointed under rule 58A Custody Rules 2015
• Chair and members of the Arts Council of the Isle of Man, as established by a resolution of Tynwald on 7 July 1964

• Departments
  • Cabinet Office
  • Education, Sport and Culture
  • Enterprise
  • Environment, Food and Agriculture
  • Health and Social Care
  • Home Affairs
  • Infrastructure
  • The Treasury

Action taken by or on behalf of a listed authority includes:

• A member or committee of the authority (but not a Member of a Department)
• Any officer or member of staff of the authority
• Any person acting on behalf of the authority
• Any person to whom the authority has delegated functions

B. Those not subject to investigation

Some individuals holding public office cannot be investigated:

• The Chief Minister
• A Minister
• A Member of a Department
• The Clerk of Tynwald and any officer serving in the Clerk of Tynwald’s Office

Some institutions cannot be investigated, or can be investigated only to a limited extent. These are referred to in the Act as relevant supervisors and relevant investigators:

Relevant supervisors

The following bodies are known as relevant supervisors and they (and their staff) cannot be investigated:

• The Communications and Utilities Regulatory Authority
• The Isle of Man Financial Services Authority
• An adjudicator under the Financial Services Ombudsman Scheme
• The Isle of Man Gambling Supervision Commission
• The Isle of Man Office of Fair Trading (in respect of its functions under the Financial Services Ombudsman Scheme)

Relevant investigators

The following bodies are known as relevant investigators and they (and their staff) cannot be investigated as regards their relevant functions (which means that they can only be investigated in relation to the performance of functions which have not been conferred on them by an Act of Tynwald.)

• The Tynwald Auditor General
• The Isle of Man Information Commissioner
• The Isle of Man Police Complaints Commissioner
• The Isle of Man Surveillance Commissioner
• An inspector within the meaning of the Audit Act 2006 (but only in connection with that officer’s conduct of inspections )

The category of relevant investigators is a complex legal issue and the Tynwald Ombudsman will discuss with a complainant whether this limitation applies to their complaint.

C. Manx Care and the Health and Social Care Ombudsman Body

As a statutory board, Manx Care comes within the jurisdiction of the Tynwald Ombudsman. However, in 2022 the Health and Social Care Ombudsman Body (HSCOB) was established as a service for complaints that have not been resolved by Manx Care or by a service provider who delivers health and social care services commissioned by Manx Care.

In the first instance, all complaints about Manx Care or its service providers should be made to HSCOB whose details are at: https://www.gov.im/about-the-government/departments/health-and-social-care/health-and-social-care-ombudsman-body/

HSCOB is itself a Listed Authority and therefore comes within the jurisdiction of the Tynwald Ombudsman.

D. Tynwald investigations

The Tynwald Ombudsman has no power to investigate any matter which is the subject of an investigation by a committee of Tynwald specially empowered to take evidence in accordance with sections 3 and 4 of the Tynwald Proceedings Act 1876.

3A. Tynwald Ombudsman Reports Complaints Procedure – Guidance Notes

The Tynwald Ombudsman is a listed authority (see Part 3 above). These guidance notes set out the way in which, and extent to which, a Report which has been delivered by the Tynwald Ombudsman to Tynwald may be the subject of a complaint.

Status of a Report

A Report delivered to Tynwald by the Tynwald Ombudsman of an investigation or alternatively of a decision not to investigate a complaint constitutes an administrative action or a service which in itself could form the basis of a complaint. In these guidance notes, “Report” refers both to reports on investigations and to reports explaining why no investigation was made.

Limitations

Once a Report has been delivered to Tynwald, the matter will have been concluded. The complaint cannot be re-opened by the Tynwald Ombudsman. Any challenge to the conclusions in the Report – these conclusions being a decision – must be by way of a Doleance Claim to the High Court.

However, not all actions of the Tynwald Ombudsman are decisions. When preparing a Report the Tynwald Ombudsman is acting administratively, and so the way a complaint was handled and the manner in which a Report was written may be investigated.

Who can make a complaint about a Report?

The original complainant, any person referred to in a Report, and the listed authority which was the subject of the original complaint may make a complaint about the way the original complaint was handled and the manner in which a Report was written.

What conduct can be investigated in the case of a complaint against the Tynwald Ombudsman?

Part 2 above sets out what conduct can be investigated, and this applies equally to the Tynwald Ombudsman themself.

In the case of a complaint made against a Tynwald Ombudsman, maladministration could, for example, include an unreasonable failure to gather evidence or giving insufficient weight to the evidence obtained. Other aspects of maladministration may also be present.

New evidence

Where someone making a complaint about the way the original complaint was handled and the manner in which a Report was written presents new evidence of which during their investigation and preparation of the Report the Tynwald Ombudsman was unaware, and of which the Tynwald Ombudsman could not reasonably have been expected to have had knowledge, this amounts to a request for a re-investigation of the original complaint. The complainant must in this situation seek alternative redress by means of a Doleance Claim to the High Court.

Are (a) a complaint about the Tynwald Ombudsman and (b) a Doleance Claim to the High Court mutually exclusive?

A complaint about the Tynwald Ombudsman and a Doleance Claim to the High Court are not mutually exclusive. Judicial review of a Report which has been delivered to Tynwald does not rule out an investigation against the Tynwald Ombudsman against whom maladministration has been alleged.

Who can investigate the Tynwald Ombudsman?

An investigation into the way a complaint was handled and the manner in which a Report was written by a Tynwald Ombudsman would be conducted by either an Acting Tynwald Ombudsman (in the case of a complaint against a serving Tynwald Ombudsman) or by a successor Tynwald Ombudsman (if the Tynwald Ombudsman who is the subject of the complaint has left office).

4. Limitations on matters the Tynwald Ombudsman can investigate

Excluded matters

The Act specifies that the Tynwald Ombudsman cannot investigate any of the following matters:

• International relations. The Chief Minister has the power to certify that a matter affects relations or dealings between the Isle of Man Government and any other government or organisation.
• Extraterritorial actions. Any action taken in any country outside the Isle of Man by or on behalf of a listed authority.
• Crime and security. Action taken by or with the consent or authority of the Attorney General or Chief Constable for the purposes of, or in connection with, the detection, investigation or prevention of crime or the protection of the security of the Isle of Man or the United Kingdom.
• An act or omission of a relevant investigator if this relates to the discharge of its functions.
• Court and tribunal proceedings. The commencement or conduct of
  • civil or criminal proceedings before any court of law;
  • proceedings before any international court or tribunal; or
  • proceedings before any tribunal established under Isle of Man law.
• Action taken by a person acting in an official capacity under the Criminal Injuries Compensation Scheme.
• Employment and pensions. Action taken in respect of appointment or removal, pay, discipline, superannuation of staff or other personnel matters.
• Education. Action in any educational establishment provided or maintained by the Department of Education, Sport and Culture concerning
  • secular or religious instruction
  • conduct, curriculum or discipline
• Contract and commercial. Contractual or other commercial transactions of a listed authority, whether in the Isle of Man or elsewhere, but notwithstanding this, the following may be investigated:
  • The compulsory acquisition of land or where the circumstances are such that the land could be acquired compulsorily
  • Disposal as surplus of land acquired compulsorily or in circumstances where the land could have been so acquired
  • Whether any government procedure laid down in an enactment or the governing instruments of the listed authority were observed (that is, did the listed authority act within the limits of its powers?)
• Other right of appeal or review. Action in respect of which a complainant has a statutory right of appeal or reference to, or review by, an adjudicator, tribunal or other body; or by way of proceedings in any court (but see below concerning the right of the Tynwald Ombudsman to investigate in certain circumstances).

Even if a complainant has another right of appeal or review, if the Tynwald Ombudsman is satisfied that it is neither reasonable nor expedient to expect the complainant to exercise that right, the Tynwald Ombudsman may conduct an investigation. In deciding whether or not to investigate, the Tynwald Ombudsman must have regard to:

• The inability of the complainant to bear the costs likely to be incurred;
• The likelihood that those costs will be disproportionate;
• The inability to obtain sufficient evidence to justify bringing proceedings; or
• Any other reason which appears sufficient to the Tynwald Ombudsman.

Decision not to investigate

If the Tynwald Ombudsman, after considering a complaint, decides not to investigate, the Tynwald Ombudsman sends a statement of the reasons for the decision to the complainant and to the listed authority in question, and also to any other person who is alleged in the complaint to have been responsible.

5. Confidentiality, privacy and secrecy

The Tynwald Ombudsman conducts all investigations in private.

General principles

As concerns confidentiality, privacy and secrecy, the starting point is:

• No obligation to maintain secrecy or other restriction on the disclosure of information, whether imposed by any enactment or by any rule of law, applies to the disclosure of information for the purposes of an investigation by the Tynwald Ombudsman;
• A listed authority is not entitled in relation to an investigation by the Tynwald Ombudsman to claim legal privilege - that is, the privilege which is allowed in legal proceedings which protects a person from having to disclose any legal advice which has been received or to provide documents; and
• In all other cases, no person is compelled for the purposes of an investigation by the Tynwald Ombudsman to waive legal privilege.

Exceptions

There are however important exceptions to these general principles:

• Supplying information or answering any question relating to the proceedings of the Council of Ministers (or any committee of the Council of Ministers) is forbidden.
• The Tynwald Ombudsman cannot require a person  or a listed authority to provide information concerning their tax and customs affairs without that person’s written consent; but this does not prevent the Tynwald Ombudsman from being provided with details of administrative arrangements of the Collector of Customs and Excise (VAT) or the Treasury (National Insurance) or the Assessor of Income Tax (all other taxes).
• The Tynwald Ombudsman has no right to access documents which are in the custody of a Member or Officer of Tynwald (or of a Branch of Tynwald), held in that person’s capacity as a member or officer.
• The Tynwald Ombudsman cannot compel any person (including a listed authority) to make available to the Tynwald Ombudsman any information or document originating from any person outside the Isle of Man (without that person’s written consent, or unless the listed authority already hold the information or has the right to call for it).

Tynwald Ombudsman’s Reports

Neither in their report of an investigation nor in any Special Report is the Tynwald Ombudsman allowed to identify any person, other than the listed authority itself, unless the person concerned consents to that disclosure or the Tynwald Ombudsman determines that the disclosure is necessary.

Disclosure by the Tynwald Ombudsman

Information obtained by the Tynwald Ombudsman (or their advisers) must not be disclosed except:

• for the purposes of considering and investigating a complaint;
• in any proceedings for breach of the Official Secrets Act 1911;
• in any proceedings for perjury;
• in any proceedings against a person who has obstructed the Tynwald Ombudsman or who does (or fails to do) anything which if the investigation were a proceeding in the Hight Court would constitute a contempt of court; or
• to a relevant supervisor or investigator if the information appears to the Tynwald Ombudsman to relate to a relevant function [see Who can or cannot be investigated? for an explanation of these terms]

Non-disclosure notice

HM Attorney General may give a non-disclosure notice to the Tynwald Ombudsman if satisfied that the disclosure of a document or information would prejudice the security, economic well-being or international relations of the Isle of Man or United Kingdom.

Witness protection

The person making a complaint and any other person who provides information to the Tynwald Ombudsman, answers their questions or makes documents available has the same protection as any witness in proceedings of the High Court.

Specifically, complying with requests from the Tynwald Ombudsman does not mean that a person is in breach of any obligation of secrecy or non-disclosure or is liable to prosecution for any offence.

6. Statement and Reports

The Tynwald Ombudsman records their decisions and provides details of their activity by means of a statement and reports. Details of the complainant are anonymised, unless the complainant authorises disclosure - see Privacy and Secrecy on this website.

Statement: decision not to investigate

If the Tynwald Ombudsman, after considering a complaint, decides not to investigate it, a statement is sent giving the reasons for the decision to the following:

• the complainant;
• the listed authority in question;
• any other person who is alleged in the complaint to have taken the action or to have been responsible for the service failure that is the subject of the complaint; and
• any person authorised by the complainant or (in the case of death or incapacity) representing the complainant.

If the request to investigate has been made by a listed authority itself, the Tynwald Ombudsman must send to that listed authority a statement of the reasons why no investigation will be made.

Reports on investigations

After conducting an investigation, the Tynwald Ombudsman must send the report to:

• the complainant;
• the listed authority in question;
• any other person who is alleged in the complaint to have taken the action or to have been responsible for the service failure that is the subject of the complaint; and
• any person authorised by the complainant or (in the case of death or incapacity) representing the complainant; and
• the Council of Ministers.

If the request to investigate has been made by a listed authority itself, the Tynwald Ombudsman must send the report to that listed authority and to the Council of Ministers.

In all cases a copy of the report must also be laid before Tynwald.

Special reports

If a report of an investigation contains a finding that the complainant has sustained injustice or hardship, and if it appears to the Tynwald Ombudsman that the injustice or hardship has not been, or will not be, remedied, the Tynwald Ombudsman may make a special report on the case.

The report must be sent to

• the complainant;
• the listed authority in question;
• any other person who is alleged in the complaint to have taken the action or to have been responsible for the service failure that is the subject of the complaint; and
• any person authorised by the complainant or (in the case of death or incapacity) representing the complainant; and
• the Council of Ministers.

A copy of the report must also be laid before Tynwald.

The Tynwald Ombudsman may if they think fit make arrangements for the special report to be made available to the public in whatever manner they think fit.

Annual reports

The Tynwald Ombudsman must lay before the ordinary sitting of Tynwald in July every year an annual report on the general exercise of their functions.

On 19 May 2021 Tynwald gave directions concerning the form and content of the 2022 annual report, and this now applies to all future reports, which (in addition to any other matters which the Tynwald Ombudsman wishes to raise) must include:

a. any general recommendations which the Tynwald Ombudsman may have arising from the exercise of their functions for the year in question.

b. a review of the following matters: i) governance; ii) scope of duties; iii) adequacy of financing; iv) operations; v) system for reporting; vi) cooperation from bodies which are investigated; and vii) follow-up by listed authorities of investigations and reports of the Tynwald Ombudsman.

Other reports

The Tynwald Ombudsman may also from time to time lay before Tynwald such other reports with respect to the exercise of their functions as they think fit.

No system of precedent

Unlike decisions of the Courts and Tribunals, a report issued by the Tynwald Ombudsman does not form a precedent. This means that every complaint is considered afresh, not limited by anything which the Tynwald Ombudsman may have decided about earlier complaints.

7. How to make a complaint and who may complain

In writing

A complaint by a member of the public or an investigation which has been requested by a listed authority itself must be made in writing either by e mail to ombudsman@parliament.org.im or by post to

Tynwald Commissioner for Administration
Legislative Buildings
Douglas
Isle of Man
IM1 3PW

Before making a complaint or requesting an investigation, so as to be sure that the complaint is one which the Tynwald Ombudsman has the power to investigate, please go through the Check List provided on this website. If having done so you still have questions or uncertainties, please contact the Tynwald Ombudsman in writing for a preliminary discussion.

Complaints procedure: member of the public

The phrase “member of the public” is defined in the Act and means any individual or body or persons (whether a corporation or not) other than:

• a listed authority
• any other authority or body whose revenues consist wholly or mainly of money provided, either directly or indirectly, by Tynwald.

Before making a complaint to the Tynwald Ombudsman, the complainant must first have objected about the action or service failure in writing to the listed authority whom the complainant alleges is responsible for it.

The Tynwald Ombudsman is permitted to commence the investigation only if the listed authority in question

• has in its view taken all reasonable steps to deal with the matter to which the allegation relates; or
• having been requested to do so by a member of the public has not, within a period of 28 days following the objection, conducted a proper investigation into the matter and reported its conclusions to the member of the public.

The Tynwald Ombudsman can, in exceptional circumstances, allow the listed authority longer than 28 days to respond, subject to a maximum of three months.

Time limit: member of the public

The Tynwald Ombudsman is not permitted to consider a complaint which has been made more than six months after a final decision of the listed authority has been notified to the complainant.

Who may complain?

A complaint may be made either by the complainant themselves or by someone whom the complainant has authorised in writing to represent them.

If an individual who might have made a complaint has died or is for any reason unable to act, then the complaint may be made by:

• any person whom the individual had authorised before their death or inability to act;
• the deceased individual’s personal representatives or (if still alive but unable to act) a member of the individual’s family; or
• any other person appearing to the Tynwald Ombudsman to be suitable to represent the individual.

The complainant must be resident in the Isle of Man at the time the complaint is made (or, if the person has died, must have been so resident at the time of their death).

Nevertheless, a complaint can be made if it relates to an action taken in relation to a person who was not resident but who was merely present in the Isle of Man or aboard a ship or aircraft operating on a scheduled service to or from the Isle of Man (but not a private aircraft or vessel).

A complainant also need not be resident if the complaint is in relation to rights or obligations which accrued or arose in the Isle of Man or on a scheduled ship or aircraft. [This is a complex provision which the Tynwald Ombudsman will discuss with any complainant who may be affected by it.]

“Resident” and “present” are legal descriptions which do not necessarily apply to every person who is in the Isle of Man.

• A complainant who has no automatic right of residence under Rule 7 of the Immigration Rules must have been granted leave to enter and remain (in the case of “resident”) or leave to enter (in the case of “present”) as those terms are used in Part 1 of the Immigration Rules.
• Further, a person physically located in the island without having been granted either leave to enter and remain or leave to enter, who is challenging such refusal either directly under Part 12 of the Immigration Rules or indirectly by way of a Doleance Application to the Isle of Man High Court would, pending the resolution of such a challenge, not be “resident” or “present” for the purposes of the Tynwald Commissioner for Administration Act 2011.

The Immigration Rules are updated frequently, and can be found at: https://www.gov.im/categories/travel-traffic-and-motoring/immigration/immigration-rules-and-associated-policy/immigration-rules/

Complaints procedure: listed authority

The Tynwald Ombudsman may also commence an investigation at the request of a listed authority itself (but only concerning conduct which the Tynwald Ombudsman is entitled to investigate) if the Tynwald Ombudsman is satisfied that

• it has been alleged publicly (whether or not by a complainant) that one or more members of the public have sustained injustice or hardship; and
• the listed authority in question has taken all reasonable steps to deal with the matter to which the allegation relates.

8. Tynwald Ombudsman: Complaints Check List

1. Are you resident in the Isle of Man or alternatively were you present in the Isle of Man when the action about which you wish to complain was taken?
2. Check that the person or authority about whom you wish to complain is a listed authority.
3. Check that the matter you wish the Tynwald Ombudsman to investigate is not on the list of excluded matters. If you are in doubt, send your complaint anyway. This is a complex area, and the Tynwald Ombudsman will discuss this with you if there is any uncertainty.
4. Confirm that not more than six months has passed since you received the final decision of the listed authority about which you want to complain.
5. Provide confirmation that you have objected about the action or service failure in writing to the listed authority and that more than 28 days following your objection have passed without the listed authority having conducted a proper investigation into the matter and having reported to you. Please note that the Tynwald Ombudsman can, in exceptional circumstances, allow a listed authority longer than 28 days to respond, subject to a maximum of three months.
6. Provide details of the conduct about which you are complaining, including, if possible, copies of correspondence, e mails and supporting documentation. Please note that the Tynwald Ombudsman has power to investigate a complaint only if you are complaining that you have suffered injustice or hardship as the result of a service failure or in consequence of maladministration.
7. Have you provided details of your full name, address (including e mail if you have one) and daytime telephone number or provided the details of the person whom you have authorised to represent you? (If you are a listed authority requesting an investigation, please provide full contact details of the person authorised to engage on your behalf.)
8. Inform the Tynwald Ombudsman whether you (or your representative) consent to being identified in any report issued by the Tynwald Ombudsman concerning your complaint. You have a right not to be named.

Tynwald Ombudsman Privacy Notice

This Privacy Notice explains when personal data is collected, how that data is used, how long it is retained, and the circumstances in which the General Data Protection Regulations (GDPR) do and do not apply.

When personal data is collected and how that data is used

The Tynwald Ombudsman is the controller for all personal data processed by the Tynwald Ombudsman. The Tynwald Ombudsman respects an individual’s fundamental right to privacy and endeavours to be open and transparent with individuals when processing their personal data. Detailed information about the statutory functions of the Tynwald Ombudsman can be found on this website.

When the Tynwald Ombudsman receives a complaint or enquiry from a person, details of the complaint are recorded in a file, both physical and electronic. This normally contains the identity of the complainant and any other individuals or organisations involved in the complaint.

The Tynwald Ombudsman processes personal data for the following purposes:

• when complaints or enquiries are made to the Tynwald Ombudsman
• when making enquires or undertaking investigations in accordance with statutory functions and duties
• accounts and records

The Tynwald Ombudsman discloses the complainant’s identity to the Listed Authority to which the complaint relates, to other relevant bodies and to any person or organisation which under section 15(2) Tynwald Commissioner for Administration Act 2011 has the right to comment.

The Tynwald Ombudsman does not record telephone calls.

When the General Data Protection Regulations (GDPR) apply, and when they do not

Under sections 16(4), 16(5), 22(1) and 22(2) Tynwald Commissioner for Administration Act 2011, the provisions of the GDPR do not apply to investigations conducted by the TCA or to Reports delivered to Tynwald at the conclusion of those investigations.

These various sections of the Act can be summarised as follows:

• For the purposes of an investigation the Tynwald Ombudsman has the same powers as the High Court in respect of — (a) the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad); and (b) the production of documents.
• No obligation to maintain secrecy or other restriction on the disclosure of information, whether imposed by any enactment or by any rule of law, applies to the disclosure of information for the purposes of an investigation by the Tynwald Ombudsman, except proceedings of the Council of Ministers or a person’s tax and customs affairs.
• A person has the same privileges in relation to — (a) making a complaint or request; (b) giving information to the Tynwald Ombudsman; (c) answering the Tynwald Ombudsman’s questions; and (d) producing documents or information to the Tynwald Ombudsman, as the person would have as a witness in proceedings in the High Court.
• Compliance with a requirement of the Tynwald Ombudsman during the investigation process (a) is not a breach of any relevant obligation of secrecy or non disclosure or of an enactment imposing such an obligation; and (b) no person is liable to prosecution for any offence by reason only of the person’s compliance with such a requirement.

This means in particular that no person or organisation disclosing information to the Tynwald Ombudsman in the form of a complaint or in connection with investigations which are to be or are being conducted will, by doing so, be in breach of any of the provisions of the GDPR, because those provisions do not apply.

The provisions of the GDPR do however apply to the retention of personal data by the Tynwald Ombudsman. The personal data is retained for two years once an investigation has been completed and either (a) a Report has been issued, or (b) a formal Statement has been made (or there has been correspondence with a person who has made a complaint) explaining why no investigation has taken place.

The Tynwald Ombudsman keeps personal information contained in investigation files or in correspondence in line with the two year retention policy. It will be retained in a secure environment and access to it will be restricted to the Tynwald Ombudsman.

The Tynwald Ombudsman will only use the personal information supplied to deal with the enquiry and any subsequent issues and to check on the level of service provided. The Tynwald Ombudsman compiles and publishes statistics showing information such as the number of complaints received, but not in a form which identifies anyone.

Your Rights

The Tynwald Ombudsman seeks to meet the highest standards when collecting and using personal data. If you think that the collection or use of your personal data is unfair, misleading or inappropriate, please bring your concern to the Tynwald Ombudsman’s attention.

The Tynwald Ombudsman will provide any individual with access to their personal data upon request, unless, and to the extent necessary, that the right of access is restricted (for example, in circumstances where the GDPR does not apply).

As regards information about you, you can ask the Tynwald Ombudsman to correct any mistakes. You also have the right, subject to any statutory limitations, to object to processing, to erasure or restriction of processing, and to data portability. No automated decisions, or profiling, are undertaken by the Tynwald Ombudsman.

Freedom of Information Act 2015

The Tynwald Ombudsman is not a public authority for the purposes of freedom of information requests under the Freedom of Information Act 2015.

Links to other websites

This privacy notice does not cover the links to other websites within this site. The Tynwald Ombudsman encourages you to read the privacy statements on other websites you visit.

Reviews of this privacy notice

This privacy notice was last reviewed on 25 November 2025.

Reports