Belgian lawmakers intend to promote the use of mediation services for resolving disputes involving an administrative department or a public or private sector organisation. That’s why, in the event of a difference of opinion, the recommendation is to consult an ombudsman in the first instance. What is the role of the ombudsman? Is there more than one ombudsman? How do you contact an ombudsman? The Expat Welcome Desk explains.
The mediation service is provided through the ombudsman. In the meaning of the Swedish word, an ombudsman is a mediator. An ombudsman intervenes to help you and to handle your complaint when a government department or organisation has not been successful in settling the dispute.
The ombudsman is independent and operates free of charge. The ombudsman also has extensive powers for examining the dispute, will hear all of the parties involved and examines the matter with total impartiality to see whether the complaint is valid or not. The aim of the ombudsman is to have citizens’ rights respected.
The ombudsman may sometimes be confused with a judge, because he or she bases his or her work on legal texts and is bound by professional secrecy
Having said that, because the ombudsman is not a lawyer or a judge, the government authority (or the organisation) is not obliged to adhere to the proposals made by the ombudsman. Indeed, the ombudsman gives preference to interpreting the laws and coming up with solutions that may be established on the basis of common sense and justice. Based on the complaints received, the ombudsman may also make recommendations to the government department or organisation, which may be taken into account or not. Recommendations made by the ombudsman are published regularly in a report that is made available to everyone.
If you have a dispute with a government department or an organisation, the first stage of the process is to try and resolve the problem amicably*.
* For further information on the complaints services offered by regional administrations, please visit this webpage.
If this is not possible, or if you feel that the response you have been given is not satisfactory, you can then submit your issue to the appropriate ombudsman.
You can lodge your complaint online (via the web or by e-mail). The ombudsman will let you know quickly if your complaint falls within his or her field of competence. If it does, you may be asked to provide additional documents or information so that your complaint can be dealt with. The time it takes to deal with your case depends on how difficult it is, but the ombudsman will keep you informed during the process.
The Federal Ombudsman analyses complaints made about federal government departments in relation to finances, customs, social security, mobility, asylum and migration, etc. In particular, the Federal Ombudsman has been called upon to rule on complaints associated with travel restrictions during the lockdown periods brought about by the Covid-19 pandemic.
The website for the Federal Ombudsman is available in French, Dutch and German, as well as English. This means it is now possible to lodge a complaint in English about a federal government department.
Catherine de Bruecker heads this mediation service (“Ombuds Brussels”), which acts as a link between citizens and the administrations of the Brussels Region. The service is therefore also responsible for handling complaints from individuals, businesses, or associations regarding regional and municipal administrations in Brussels (except STIB, Vivaqua, and the municipalities and CPAS, which have their own ombuds services). “Ombuds Brussels” is also authorized to handle complaints related to services under the French Community Commission (Cocof) and bicommunal services.
Warning: the facts must have occurred no more than three years ago for your request to be admissible.
This is the service you can contact if you encounter a problem associated with education, the environment, housing and planning, health and wellbeing, etc.
You can contact the Vlaamse Ombudsdienst if you have a dispute with a Flemish government department.
The communes of Ixelles, Schaerbeek and Woluwe-St-Lambert have their own ombudsman service. Thus, you can contact these services directly if you are experiencing an interpersonal conflict (between neighbors, friends, within a couple, family, or between tenant and landlord, etc.). This mediation service is available to residents of the municipalities concerned.
You can lodge a complaint with this service if you encounter a problem with a utilities provider (telecommunications, energy) or with a bank, insurance company, the SNCB, bpost, furniture, textiles, etc.
To enhance the visibility and understanding of the role of the various ombudsmen in Belgium, the “Ombudsman.be”network was created on October 9 through a platform dedicated to their work.
SOLVIT can, through mediation, provide practical assistance to citizens and businesses facing a problem that:
• involves several countries within the European Union or in Iceland, Liechtenstein, or Norway;
• results from a decision or practice of a local, regional, or national administration;
• arises from a misapplication of European law.
For more information
past events
