Complaints

All citizens can turn to the Ombudsman Board with a complaint about the Austrian public admini­stration, regardless of their age, nationality, or residence. A complaint can be made at any time and entails no expense.

 

Who can complain to the Ombudsman Board?

 

• The Ombudsman Board assists everyone who has a problem with the Austrian admini­stration. You do not need Austrian citizenship to be assisted.

• Sometimes, young people have problems with authorities, too, so you do not have to be of full age to lodge a complaint.

• Enterprises, businesses, and societies can sometimes have a problem with an adminis­trative authority, too, and are in good hands with the ombudspersons.

 

What can you complain about to the Ombudsman Board?

 

• Do you have a problem with an official notification concerning a nursing allowance? You have the impression court proceedings in which you are participating are taking too long? Whenever people feel that the public administration is not treating them correctly, they can turn to the Ombudsman Board.

• All over Austria, the Ombudsman Board examines the direct and indirect federal admini­stration. It is also competent for the administration of private enterprise. The Ombudsman Board thus examines the financial administration as well as the social-insurance carriers and the Public Employment Service.

• But there is one exception: In seven of Austria’s nine provinces, the Ombudsman Board also monitors the provincial and municipal administration. Tyrol and Vorarlberg have their own provincial ombudspersons for this purpose. In these provinces, the Ombudsman Board only deals with complaints about the federal administration.

• In most cases, the Ombudsman Board acts on complaints. But the ombudspersons can also act on their own if they suspect grievances or irregularities.

• The ombudspersons examine the case, make enquiries on their own, and inform the persons concerned of the result of their efforts.

 

What you CANNOT complain about to the Ombudsman Board

 

• The Ombudsman Board was created to assist people who want to complain about the Austrian administration. If you have a problem that concerns authorities abroad, the Ombudsman Board can unfortunately not act.

• The Ombudsman Board cannot intervene if there are problems between individuals and enterprises or between different enterprises. If two companies are not in agreement after contracts have been concluded, or if a person wants to complain about a business’s poor service, the Ombudsman Board cannot help.

• The Ombudsman Board is not competent for legal questions resulting between individuals. The Federal Constitution has mandated the Ombudsman Board to control the public administration. It can therefore only act if the complaint concerns an authority, an administrative office, or a department.

• In Austria, judges are not subject to directives. The dispensation of justice by the courts is independent and is therefore not monitored by the Ombudsman Board. The Ombudsman Board can therefore not rescind or change court decisions.

• The ombudspersons always endeavour to give advice and information; however, they cannot act as lawyers for anyone.

 

Is there a time limit for a complaint to the Ombudsman Board?

 

No, there is no time limit for a complaint to the Ombudsman Board. Even if the problem that you are having with an authority dates back quite a while, you can turn to the Ombuds­man Board at any time.

 

What is the easiest way for me to complain to the Ombudsman Board?

 

You can reach the Ombudsman Board by telephone, in writing, and personally at any time.

• The staff of the Ombudsman Board are available for initial information under the toll-free service number 0800/223 233 or under the telephone number + 43 (01) 515 05-0.

• The Ombudsman Board can be reached by fax under the number + 43 (01) 515 05-150.

• The e-mail address is post@volksanwaltschaft.gv.at

• An electronic complaint form is also available.

• Please address letters to: Volksanwaltschaft, 1015 Vienna, Postfach 20.

• Of course, you can also hand in your documents personally. The Ombudsman Board is right in the centre of Vienna. It can be easily reached in a few minutes from the Stephansplatz U-Bahn station. The staff will be happy to attend to your concern on weekdays from 8 a.m. to 4 p.m.

• The Ombudsman Board endeavours to make its information accessible in as many languages as possible. However, the examination proceedings must be conducted in German.

 

What information should the complaint contain?

 

You do not have to fill in complicated forms for your complaint. But to enable the ombuds­persons to deal with your problem as quickly as possible, always provide the following information, please:

• In order to pursue your complaint, the case handlers need your name. If you are turning to the Ombudsman Board on behalf of a different person, please specify his/her name.

• Please indicate the exact authority you wish to complain about.

• Let the Ombudsman Board know why you feel unfairly treated by an administrative authority.

• Your concern can be handled especially quickly if you enclose copies of important documents relating to your complaint. These can be reference numbers, social-insurance numbers, or correspondence with the respective authority.

 

How long will it take to process the complaint?

 

• Many people who turn to the Ombudsman Board have already spent a long time in official channels. The ombudspersons therefore really try to pursue all complaints quickly.

• Naturally, the authority about which you are complaining must be given the opportunity to answer the Ombudsman Board’s questions and present its view of the matter. The ombudspersons set a deadline for doing so. This makes it possible to conclude the examination proceedings as expediently as possible.

• Some complaints are very complex; perhaps extensive files and documents must be inspected. If the investigative  proceedings take a longer period of time, the Ombuds­man Board will keep you up to date and inform you of progress made.

• You can be sure that the Ombudsman Board will inform you of the result of the investigative proceedings in writing and in detail.

• In 2009, on the average, persons concerned learned after 47 days whether there was a case of maladministration.

 

Does a complaint to the Ombudsman Board cost anything?

 

• No, a complaint to the Ombudsman Board is always free of charge. All people should be able to turn to the Ombudsman Board with their concerns regardless of their financial situation. There are thus no charges of any kind for your complaint. Of course, this also applies to the consultation days of the ombudspersons.

• If you inform the Ombudsman Board of your complaint by letter, you naturally also do not have to enclose return postage.

• The staff of the Ombudsman Board will be happy to give you initial information under the toll-free service number 0800/223 233 weekdays from 8 a.m. to 4 p.m.

 

How can you make an appointment for a consultation day?

 

• The ombudspersons hold over 200 consultation days a year all over Austria. You thus also have the opportunity to lodge your complaint in a personal conversation near your place of residence.

• Consultation days regularly take place at the Ombudsman Board in Vienna and in the provincial capitals as well as at district authorities or municipal councils of larger cities. Please enquire about the next consultation days in your vicinity.

• Please understand that it is imperative to make an appointment in advance for this purpose. This is the only way it can be assured that enough time remains for a personal conversation.