Decision Formulation of the Decision
The National Ombudsman formulates his decision on the basis of the account of his findings. He has two options in this regard: either the action under investigation was proper or it was not. In giving his decision, the National Ombudsman states the facts on which it is based and the specific standards relevant to it. The combination of standards and facts leads to a reasoned decision on the propriety of the action concerned. The report then concludes with the translation of the decision into an opinion as to whether the complaint was well-founded or not.
The formulation of the decision and conclusion give prominence to the action under investigation. Where applicable, the report identifies the department of the administrative authority or the official actually responsible for the action. In the conclusion, the Ombudsman always names the administrative authority bearing formal responsibility for the conduct in question. Where the relevant action consists of a number of different elements, this is reflected in the decision, where each element is the object of a separate assessment. In many such cases, the final picture will not be a straightforwardly black-and-white affair.
Frequently, the administrative authority will have taken steps in the course of the National Ombudsman's investigation which go at least some way towards satisfying the complainant. In these cases, the National Ombudsman always mentions in the report that he approves of the steps taken. If none have been taken and the National Ombudsman feels it desirable that the authority should consider taking steps, he makes a recommendation to that effect at the end of the report.