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The Ombudsman for the Defence Forces (ODF) is committed to making its website accessible, in accordance with European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020.

This accessibility statement applies to content published on www.odf.ie.

PDF Documents

The ODF makes use of Portable Document Format (PDF) documents.  A number of the documents on our website are available in this format.  To view these documents, you will need to install the free Adobe Acrobat Reader software.

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Should you have any issue with downloading documents for our website please email us at admin@odf.ie

Compliance Status

This website is compliant with the Web Content Accessibility Guidelines 2.1 level AA

Exempted content

Content published prior to 23 September 2018 is exempt under the EU Web Accessibility Directive. The PDFs prior to September 2018, would require significant resourcing to bring about compliance with WCAG2.1/EN 301 549. However, the ODF is committed to ensuring all our content is as accessible as possible.

Preparation of this accessibility statement

This statement follows an evaluation of the website’s compliance with the requirements of Directive (EU) 2016/2102 which was carried out by way of a self-assessment by the ODF against WCAG 2.1.

This statement was prepared on 28 June 2022.

Accessibility Officer

The role of our Accessibility Officer is to support our customers who require assistance when engaging with the services provided by the Ombudsman For the Defence Forces. In accordance with Section 26 (2) of the Disability Act 2005,

if you require assistance to access our services, please contact our Accessibility Officer, John Sheridan.

Ombudsman Offices are there to help citizens when they have problems with services provided by the State and other organisations.
Ombudsman Offices are free, independent, objective and fair. We’re here to help people navigate their way through often complex procedures and practices.

If a person has suffered an injustice or has found something wrong in a service provider, Ombudsman Offices are there to help and to put things right.
This may be as simple as an apology or acknowledgement that something wasn’t right. It may also involve putting the person back in the position they would have been in if things had not gone wrong. People with grievances against service providers often feel that it is “David versus Goliath” and they feel they don’t have the skills and resources to challenge service providers. Ombudsman Offices are there to support the individual in ensuring that services are implemented in a fair manner.

Ombudsman Offices have a range of means of addressing problems. Sometimes an informal approach is used. Sometimes conciliation or mediation is used. In other cases a more formal approach is required with the Ombudsman office initiating an investigation and issuing a finding, a report, a recommendation or a decision. The aim is always to ensure that service providers treat people fairly and in a just manner.
Service providers are obliged to cooperate with Ombudsman Offices. Some offices make binding decisions, others make recommendations. Almost all recommendations are accepted by service providers. If an Ombudsman Office issues a binding decision the service provider must accept the decision and take whatever measures are necessary to address the matter.

International Conference of Ombuds-Institutions for Armed Forces Institutions for the Armed Forces (ICOAF)

The Office of the Ombudsman for the Defence Forces has been an active participant in International Conference of Ombuds-Institutions for Armed Forces (ICOAF).

Many countries have established mechanisms and ombuds-institutions for dealing with complaints against their armed forces. While the mandate and scope varies from country to country, in general, the aim of ombuds institutions with jurisdiction over the armed forces is to exercise scrutiny over the armed forces and to investigate any action that is the subject of a complaint against the armed forces.

The aim of ICOAF is to establish best practice and lessons learned related to the mandate, powers and functioning of these institutions. The initiative also reaches out to states that do not have a ombuds-institution for the military but have expressed an interest to learn from experiences from other states. The European Union (EU), the Organisation for Security and Cooperation in Europe (OSCE), the United Nations and EUROMIL have sent observers to ICOAF conferences.

To date, five ICOAF Conferences have taken place. The former Ombudsman for the Defence Forces, Ms Paulyn Marrinin-Quinn S.C. attended the first three ICOAF conferences held respectively in Berlin (May 2009), Vienna (April 2010), Belgrade (April 2011). The former Ombudsman for the Defence Forces, Mr Patrick Anthony McCourt, attended the fifth ICOAF Conference, held in Oslo from 20th – 22nd October 2013

Ombudsman Association (formerly British and Irish Ombudsman Association)

The Office of the Ombudsman for the Defence Forces is an active contributor to the the Ombudsman Association which was established in 1994. The Ombudsman Association (formerly known as the BIOA) came into being when membership of the United Kingdom Ombudsman Association was extended to Offices of Ombudsmen Institutions from the Republic of Ireland. Acting as a focal point for public and private sector Ombudsman schemes complaint handling bodies and other members of the Association BIOA organises and facilitates a range of activities and events for the purpose of exchanging information and promulgating standards of best ombudsmanship practice.

International Ombudsman Institute

The International Ombudsman Institute (I.O.I.) was established in 1978. It is a global organisation for the cooperation and information exchange of Ombudsman institutions.

International Ombudsman Institute – European Region

The European Chapter of the International Ombudsman Institute (I.O.I.), a regional constituency of the I.O.I. for the purposes of promoting regional participation in the activities of the Institute and to decentralise its activities.

Ombudsman for the National Defence and Canadian Forces

The Ombudsman investigates complaints and serves as a neutral third party on matters related to the Department of National Defence and the Canadian Forces (DND/CF). Acting independently of the chain of command and managers, the Ombudsman reports directly to the Minister of National Defence.

The Australian Defence Force Ombudsman

The Defence Force Ombudsman investigates complaints about the Australian Defence Force (ADF) relating to or arising from past or present service.

Ombudsman and Information Commissioner

The Office of the Ombudsman investigates complaints about administrative action, delay or inaction of Government Departments and Offices, Local Authorities, Health Boards and the postal service. A complainant may write, e-mail, telephone or call personally to the Office to submit a complaint. The Ombudsman is also the Information Commissioner and, in that capacity, she reviews the decisions of public bodies in relation to matters covered by the Freedom of Information Act, 1997.
Address: 18 Lower Leeson Street, Dublin 2.
Tel:         + 353 1 678 5222
Fax:        + 353 1 661 0570
Email:    ombudsman@ombudsmanlgov.ie

Financial Services and Pensions Ombudsman

The Financial Services and Pensions Ombudsman is a statutory officer who deals independently with complaints from consumers about their individual dealings with all financial services providers that have not been resolved by the providers. The Ombudsman is the arbiter of unresolved disputes and is impartial. The service is free to the complainant.

Address:   3rd Floor, Lincoln House, Lincoln Place, Dublin 2.
Tel:         + 353 1 6620899
Locall:    1890 88 2090
Fax:        + 353 1 662 0890
Email:      info@fspo.ie

Children’s Ombudsman

The Ombudsman for Children’s Office (OCO) was established in April 2004 under primary legislation: the Ombudsman for Children Act, 2002. The Ombudsman for Children is statutorily charged with promoting and safeguarding the rights and welfare of children and young people up to eighteen years of age. The Ombudsman for Children is independent of Government and is accountable to the Oireachtas. The main functions are: Promoting Children and Young People’s Rights; Complaints and Investigations Research, and Policy.

Address: Millennium Hse,52-56 Great Strand Street, Dublin 1.

LoCall:    1890 654 654
Tel:          + 353 1 865 6800
Email:      oco@oco.ie

Garda Siochana Ombudsman Commission

The Garda Ombudsman is responsible for receiving and dealing with all complaints made by members of the public concerning the conduct of members of the Garda Síochána. The Garda Ombudsman’s mission is to provide the public with an independent and effective oversight of policing, and to deal with the public’s complaints concerning Gardaí fairly and efficiently so that everyone can have confidence in the complaints system.

Address:  150 Abbey Street Upper, Dublin 1.
LoCall:    1890 600 800
Tel:         + 353 1 871 6727
Fax:         + 353 1 814 7023
Email:
     info@gsoc.ie

An Coimisinéir Teanga

An Coimisinéir Teanga enquires into complaints from the public and initiates investigations where it is alleged that public bodies may have failed to fulfil their duties under the Official Languages Act 2003. The Coimisinéir also investigates complaints that legislation relating to the status or use of Irish has been contravened. An Coimisinéir Teanga may begin an investigation on his or her own initiative, at the request of the Minister or as a result of a complaint from a member of the public. Any party to an investigation or any other person affected by the findings and recommendations of the investigation may appeal to the High Court on a point of law within four weeks.

Address:  Oifig an Choimisinéara Teanga, An Spidéal, Gaillimh
LoCall:    1890 504006
Email:
     eolas@coimisineir.ie

Press Ombudsman

The Press Ombudsman considers complaints from members of the public about articles in newspapers, magazines and online publications that may be in breach of the Code of Practice of the Press Council of Ireland. Complaints will only be considered against publications which are members of the Press Council of Ireland (all national newspapers, including Irish editions of UK newspapers, most local newspapers, many magazines and some online-only news services are members).

LoCall:    1890 208 080

Tel: +353 1 648 9130
Email:
info@pressombudsman.ie

Representative Organisations – Irish Defence Forces

PDFORRA Permanent Defence Force Other Ranks Representative Association’s purpose is to represent and pursue the interests of enlisted personnel serving in the Army, Naval Service and Air Corps, on specified matters regarding their pay and certain conditions of service in the Republic of Ireland. All enlisted personnel of the Permanent Defence Force are entitled to become members of the Association.

RACO  The Representative Association of Commissioned Officers is a staff association, which represents the interests of commissioned officers in the Irish Defence Forces.

RDFRA Reserve Defence Force Representative Association is the representative association for members of the Irish Reserve Defence Forces.

ONE Óglaigh Náisiúnta na hÉireann Teoranta is the official name of the Organisation of National Ex-Servicemen and Women (O.N.E.). ONET is a limited company with charitable status that is dedicated to looking after the welfare of ex-service personnel of the Irish Defence Services.

ARCO   The Association of Retired Commissioned Officers is the representative organisation for retired commissioned officers of the Irish Defence Forces.

IUNVA Irish United Nations Veterans Association’s primary role is providing advice and counselling to members and their families who have been affected by their overseas service. The Association, which is financed by membership fees, voluntary contributions and fundraising, also organises social, cultural and sporting events for its members.

Other Links

Irish Defence Forces website

Department of Defence website

Military Chaplaincy Service

EUROMIL (European Organisation of Military Associations) is an umbrella organisation consisting of national military associations and trade unions from a growing number of countries, which promotes social and professional interests of military personnel of all ranks in Europe.

Organization for Security and Co-operation in Europe

DCAF is an international foundation established in 2000 on the initiative of the Swiss Confederation, as the ‘Geneva Centre for the Democratic Control of Armed Forces’ .

The Centre works to support effective, efficient security sectors which are accountable to the state and its citizens guided by the principles of neutrality, impartiality, gender sensitivity and local ownership as the basis for supporting legitimate, sustainable reform processes. DCAF co-operated with the Organisation for Security and Co-Operation in Europe’s Office for Democratic Institutions and Human Rights (ODIHR) in creating the Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel.

Statement on Human Rights

2024 Annual Reports

2023 Annual Reports

2022 Annual Reports

2021 Annual Reports

2020 Annual Reports

2019 Annual Reports

2017-18 Annual Reports

2016 Annual Report

2015 Annual Report

2012 Annual Report

2011 Annual Report

2010 Annual Report

2009 Annual Report

2008 Annual Report

2007 Annual Report

2006 Annual Report

Ombudsman (Defence Forces) Act 2004

The Ombudsman for the Defence Forces was established by law through the Ombudsman (Defence Forces) Act 2004 as amended by the Defence (Amendment) Act 2007 [s.11 – Schedule 4 (Part 4)].

Dáil and Seanad debates

Access the Dail and Seanad debates as the legislation passed through the Oireachtas.

Protected Disclosures Act 2014 (Section 20).

Serving Members & the Defence Forces Internal Redress of Wrongs Process

A Defence Forces serving member, with a complaint may request the Defence Forces investigate the
complaint through the Defence Forces Internal Redress of Wrongs (ROW) process.

If the complaint is resolved to the complainant’s satisfaction, the case is closed.

If the complainant is not satisfied with the result of the Internal Redress of Wrongs process, they can
request the complaint be referred to the Ombudsman for the Defence Forces to investigate.

After 28 days of the Defence Forces being notified of the complaint, if there is likely to be no
resolution after 28 days, the complainant can request the complaint be sent to the Ombudsman for
the Defence Forces for investigation.

Serving Members & Direct Referrals to the Ombudsman for the Defence Forces

A Defence Forces serving member can directly refer a complaint to the Ombudsman for the Defence
Forces without going through the Defence Forces Internal Redress of Wrongs process.

Complaints against a Department of Defence Civil Servant

Serving Members with a complaint against a Department of Defence civil servant may refer their
complaint directly to the Ombudsman for the Defence Forces.

Defence Forces Former Members with Complaints against a Serving Member

A former member of the Defence Forces with a complaint against a serving member of the Defence
Forces or a Department of Defence civil servant may refer the complaint directly to the Ombudsman
for the Defence Forces for investigation.

Investigations of Complaints by the Ombudsman for the Defence Forces

The Ombudsman for the Defence Forces will carry out a preliminary examination where
jurisdictional issues are considered.

If there are no jurisdictional issues, the Ombudsman for the Defence Forces will begin an
investigation into a complaint.

The Ombudsman for the Defence Forces may issue a Preliminary Report and will allow those
involved to clarify issues or send further information to the Ombudsman for the Defence Forces.

The Ombudsman for the Defence Forces will consider responses and any other information
forwarded.

The Ombudsman for the Defence Forces issues a Final Report to the complainant, Chief of Staff and
the Minister of Defence.

Minister of Defence Accepts Findings and/or Recommendations of a Final Report

The Minister responds to the Final Report and accepts Findings and/or Recommendations made.

The Ombudsman for the Defence Forces communicates the outcome to the complainant.

Minister of Defence Declines to Accept Findings and/or Recommendations of a Final Report

The Ombudsman for the Defence Forces can issue a Special Report. The Ombudsman for the
Defence Forces will then communicate the outcome to the complainant.

The information on this page is a guide to the complaints procedure. This guide is not a legal interpretation of the Ombudsman (Defence Forces) Act 2004.

How does the Ombudsman for the Defence Forces investigate complaints?

When a complaint is received the Ombudsman carries out a preliminary investigation.

The purpose of this process is to ensure that:

  • The complaint falls within the legal remit of the Office of the Ombudsman for the Defence Forces;
  • The person who made the complaint was genuinely affected by the action;
  • The complaint is not trivial or motivated by, for example, a personal grudge; and
  • No satisfactory measures have been taken to resolve the issue at stake.

If, at this stage the Ombudsman decides not to conduct a formal investigation, the person making the complaint will be informed of this decision.

The Ombudsman for the Defence Forces may decide that the complaint could be resolved at the preliminary stage and if so the Ombudsman may propose an early resolution.

So, the Ombudsman for the Defence Forces is going to investigate my complaint, what legal powers does the Ombudsman have?

  • The Ombudsman has the power to request any document or information he decides is relevant to the investigation.
  • The Ombudsman can inspect and take copies of any records he decides are relevant to the investigation.
  • The only documents that the Ombudsman cannot access are confidential Government records or documents concerning security or military operations.
  • The Ombudsman has the right to require people who have relevant information to attend before him.
  • The Ombudsman has the right to go into any military installation when conducting an investigation, subject to the provisions of S.I. 781 of 2005.
  • Individuals cannot obstruct or hinder the work of the Ombudsman.

To effectively deal with cases, the Ombudsman for the Defence Forces can appoint Investigation Officers. An Investigation Officer is appointed by Warrant and has the same legal powers as the Ombudsman in respect of investigations.

If a complaint is made against an action I took, do I have the opportunity to have my say?

Yes, the Ombudsman must give a person, whose action is the subject of a complaint, the opportunity to respond.

When the Ombudsman for the Defence Forces completes an investigation what happens?

When an investigation is complete the Ombudsman sends his report to the person who made the complaint, other people involved with the investigation and the Minister for Defence.

Can the Ombudsman for the Defence Forces recommend action in his report?

If the investigation finds that the person who made the complaint was adversely affected by the action, the Ombudsman will make recommendations to the Minister for Defence. The recommendations may set out measures that should be taken to rectify the situation.

If the Ombudsman believes that the Minister’s response to any recommendations made are unsatisfactory then the Ombudsman may issue a special report on the case. Such a special report will be included in the Annual Report of the Ombudsman for the Defence Forces. Details of the Minister’s response to a report will be communicated to the person who made the complaint.

Please bear in mind that whereas the Ombudsman for the Defence Forces will give assistance to people who wish to make a complaint, the Ombudsman cannot advise on the likely success of the complaint.

Who can make a complaint?

  • Serving Members of the Defence Force
  • Former Members of the Defence Force
  • Members of the Reserve Defence Force
  • Former Members of the Reserve Defence Force

Do I make my complaint directly to the Ombudsman?

The procedures differ depending on whether you are a serving or former Member of the Defence Force or Reserve Defence Force.

  • A complaint may be made directly to the Ombudsman, or, if the complainant is a serving member of either the Permanent Defence Forces or the Reserve Defence Forces he/she may utilise the internal Defence Forces complaint investigation process pursuant to S.114 of the Defence Act 2004, and thereafter refer the matter for adjudication by the Ombudsman of the Defence Forces. Proceeding in this manner maximises the possibility of the complaint being resolved at an early stage.
  • It should be noted that the Ombudsman may decide not to carry out an investigation if he is of the opinion that the complainant has not taken reasonable steps to seek redress or if the complainant has taken such steps, that he or she has not been refused redress.
  • Former Members of the Permanent Defence Force or Reserve Defence Force must make a complaint directly to the Ombudsman.

Do I have to make a complaint within a specific time?

Serving and former members of the Defence Forces have to make a complaint:

  • Within 12 months of the action happening or
  • Within 12 months of becoming aware of the action.

The Ombudsman for the Defence Forces can only investigate actions taken within the 12 month time limit.

Whose actions can I lodge a complaint about?

The Ombudsman for the Defence Forces can investigate complaints about actions taken by:

  • Another serving Member of the Permanent Defence Force or the Reserve Defence Force;
  • A former Member of the Permanent Defence Force or the Reserve Defence Force who was serving at the time of the action,(both members must have been serving at the time of the alleged action) or
  • A Civil Servant who is or was employed in the Department of Defence.

What can I lodge a complaint about?

The Ombudsman for the Defence Forces has wide powers to investigate any action that may have been:

  • Taken without proper authority;
  • Taken on irrelevant grounds;
  • The result of negligence or carelessness;
  • Based on wrong or incomplete information;
  • Unreasonable, considering the military context;
  • Based on undesirable administrative practice;
  • Improperly discriminatory; or
  • Contrary to fair or sound administration.
  • Penalisation, or threatened penalisation, following the making of a Protected Disclosure (See Section 20 of the Protected Disclosure Act 2014).

Are there any actions that the Ombudsman for the Defence Forces cannot investigate?

The Ombudsman for the Defence Forces is excluded from investigating actions that concern:

  • Security or Military operations;
  • Matters which are the subject of civil proceedings;
  • Organisation, structure and deployment of the Defence Forces;
  • Terms and conditions of employment or;
  • Constitutional or statutory review of punishment awarded
  • Management of Military Prisons.
  • An investigation under chapter IV of part 5 of the Defence Act 1954 as amended.
  • An investigation by a service tribunal other than an action concerning delay or the administration of the investigation.

How do I make a complaint?

  • To make a complaint to the Ombudsman for the Defence Forces, you may do so in writing or through the on-line Complaint Form available on our Website. You may telephone to request a copy of the Complaint Form to be sent out to you if you are unable to gain access to on-line facilities. Please send your written complaint together with any supporting documents you believe are relevant to your grievance to the Ombudsman for the Defence Forces, 15, Lower Hatch Street, Dublin 2, Ireland. Please keep a copy of your complaint and the other relevant supporting documentation for your own records.
  • If you have availed of the Defence Forces internal investigation process (S.114 of the Defence Act 1954), and you are unhappy about the outcome you may request the Defence Forces to pass the complaint to the Ombudsman for the Defence Forces for investigation.

What information should I include when I make a complaint?

When you make a complaint, please include:

  • Name, service number, rank and posting;
  • The date the action you are complaining about occurred and when you became aware of it;
  • A brief description of the background to the complaint;
  • A brief description of how the action affected you;
  • Service number, name, rank and posting of the person you allege took the action;
  • Copies of any documentation that you think are relevant to your complaint; and
  • The date you submitted your complaint within the Redress of Wrongs Procedures in the Defence Forces and the outcome of that process, if you are a Serving Member of the Defence Forces;
  • Also, please remember to give us your contact details and let us know how you would prefer to be contacted (home or mobile phone number or by e-mail or letter).

Complaint Procedure

Requirement 1

The action I wish to complain about occurred after 30 November 2005.

Requirement 2

The action occurred, or I became aware of it, within the last 12 months.

Requirement 3

  • I have lodged a complaint about the action through the Redress of Wrongs procedure. The matter is not likely to be resolved and 28 days have passed since my complaint was lodged, or I am not satisfied with the outcome.
  • I intend to lodge a complaint directly to the Ombudsman for the Defence Forces.

Requirement 4

The action is not one connected to:

  • Legal proceedings initiated by me in a civil court
  • Security or military operations
  • Organisation, structure and deployment of the Defence Forces
  • Terms and conditions of employment
  • Administration of military prisons
  • An investigation under Chapter IV of Part V of the Defence Act or by a service tribunal.

If your complaint meets all these requirements please go to the online complaint form.

If you have supporting documentation for your Complaint, such as letters or reports, we advise that you print off the Complaint Form.

If your complaint does not meet all these requirements the Ombudsman for the Defence Forces may not be able, for Jurisdictional reasons, to investigate your complaint.

 

However, the Ombudsman for the Defence Forces would welcome your feedback.
Please go to the Feedback form and give details of your grievance. The information you give in the feedback form is confidential. We will not share your personal information with other individuals or organizations, including public organizations. If you do not wish to use the on-line feedback form, you can write or telephone our office.