For Release February 21, 2001


Ombudsman Releases Annual Report

Highlights Include Policy Changes
to Improve Government Services and Programs

Manitoba Ombudsman Barry Tuckett today released his Annual Report which included a number of service improvements that emerged as a result of the 4403 enquiries and complaints received by his Office in 1999.

The report noted that the Office assisted in resolving or partially resolving hundreds of disputes between people and government bodies.

"The determination of Manitobans to stand up for their rights when they feel principles of fairness and equity have not been met, gives the Ombudsman the opportunity to work cooperatively with the public and the government to resolve countless individual concerns," said Tuckett. "The process makes a significant contribution to ensuring that public service practices in our province continue to adapt and improve."

The total number of enquiries and complaints to the Ombudsman in 1999 increased by more than 10% over the previous year and covered many government departments and agencies. Of the 4,403 complaints and enquiries received in 1999 by the Ombudsman Division of the Office of the Provincial Ombudsman, 885 citizens made formal written complaints. Including cases carried forward from previous years, 973 cases were completed.

In releasing his Annual Report, Tuckett noted that the vast majority of civil servants and public service providers genuinely want to provide good service. He stated however that even in areas of government with a tradition of adhering to the highest possible administrative standards, mistakes and errors in judgement can still occur. Most often people seek the services of an Ombudsman because:

• they become lost or entangled in jurisdictional shuffles between public service providers
  
• they do not fully understand the decisions that have been made about them by service providers
  
• there has been miscommunication between the complainant and the government employee
  
• they feel that they have been treated unfairly by government
  
• they don't feel their concerns have been heard

Tuckett also attributed the increase in complaints and enquiries in 1999 to a gradual shift in public expectation.

"In the past, people used to be more willing to accept what they were told and less willing to challenge senior officials in government, politicians, and professionals such as doctors and lawyers," said Tuckett. "It's great for democracy when people are willing to participate by questioning and challenging the actions and decisions which they do not feel support the principles of fairness, equity, openness and accountability."

Created in 1970, the Office of the Provincial Ombudsman exists to promote fairness, equity and administrative accountability through independent and impartial investigation of complaints and legislative compliance reviews. The Ombudsman investigates complaints under The Ombudsman Act concerning any act, decision, recommendation or omission related to a matter of administration by any department or agency of the provincial government or a municipal Government. An Access and Privacy Division, created in 1998, investigates complaints and reviews compliance under The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act.

For more information about this report, contact Barry Tuckett, Manitoba Ombudsman, at (204) 982-9130 or, toll free in Manitoba, 1-800-665-0531.

Highlights of the 1999 Annual Report are attached.

Copies of the 1999 Annual Report of the Ombudsman Division are available to the media in the Office of the Provincial Ombudsman and in Information Services, Room 29, Legislative Building.

Highlights of policy changes that improved
as a result of complaints to the Ombudsman in 1999

• Manitoba Family Services, Winnipeg Region (now Family Services and Housing) implemented a new process where licenses for care-givers would be renewed in the names of the care-givers rather than private agencies. The changes flowed from a complaint by a care-provider who was hired by a private agency to provide a "family type" environment for an adult in the Community Living Program. When the placement was terminated, the care-provider was left holding an apartment lease he had signed. As the License to provide care was issued to the private agency, the care-provider could not appeal to the Social Services Advisory Committee.
  
  
• Heads of psychiatric facilities directed their staff to follow procedures for Involuntary Psychiatric Assessment set out in The Mental Health Act after a patient's rights were violated as a result of improper confinement in a psychiatric facility at a general hospital.
  
  
• The Remand Centre reviewed and revised policy on strip searching as a result of a complaint by a female inmate who felt she had been inappropriately strip-searched by a team of Correctional Officers while male officers were present. Standing Orders now dictate that in a confrontational situation, female inmates may be restrained by staff that includes males until the situation has de-escalated to the point where searching can be conducted by female staff only.
  
  
• The rights of individuals were breached concerning access to the services of the Ombudsman.
  
  
  • The Inmate Handbook was revised at a Correctional Centre to better reflect Regulations under The Correctional Services Act respecting correspondence from the Ombudsman and several other exempt sources. Previously inmates at Brandon Correctional Centre were required to open privileged mail in front of correctional staff, even though the Regulations prohibited this.
    
    
  • A youth from Agassiz Youth Centre contacted our Office after being denied access to the Ombudsman for approximately three days while in a Quiet Room. Residents of the facility placed in the Quiet Room are not allowed phone calls or a pencil and paper until they give a verbal and written commitment to work with staff and their group. As a result of this complaint, the Agassiz Youth Centre revised policy. Now residents who are permitted the use of pencil and paper while in the Quiet Room will be permitted written communications with their lawyer and/or the Ombudsman.
    
    
• In 1998, the Ombudsman reported on a complaint involving a youth who had been treated at a hospital for drug use and had been detained at the Manitoba Youth Centre under the Intoxicated Persons Detention Act. The Office of the Ombudsman supported that the Manitoba Youth Centre was not an appropriate detoxification centre for youth due to overcrowding and safety issues and we felt that a solution was required.

Ombudsman Highlights

• Changes were made within the Winnipeg Child and Family Services Agency as a result of a 1997 complaint made by grandparents who had been denied access to grandchildren in the
  care of the Agency. The grandparents felt that the Agency had abused its power and mishandled their case;
  
  
  • by refusing to allow visitation after a 1994 court ruling awarded them supervised access;
    
    
  • by not implementing subsequent recommendations by the Child Welfare and Family Support Branch advising the Agency to establish a plan of action for visitation or "bring the matter back before the courts to make applications for a variance to the existing order which allowed for the grandparents to visit";
    
    
  • when allegations by the Agency that the children were reluctant to visit with grandparents were shown to be in direct contrast to the wishes expressed by the children to the Children's Advocate; and
    
    
  • by acknowledging to the Ombudsman that the Agency had lost track of the issue when a 1998 court hearing involving variances in access conditions dealt with the birth father's access but did not address issues of access regarding the grandparents.
    
    

  The Ombudsman found that the case had been subject to unreasonable delays, which ultimately resulted in unjust and unfair treatment to the grandparents. Sufficient effort was not made on the part of the Winnipeg Child and Family Services Agency to meet its duties and provide guidance, support, counselling, supervision or other services to the grandparents in an effort to preserve the family unit.

  An independent review was commissioned by the Manitoba Family Service's Child Family and Community Development Branch, following which the Winnipeg Child and Family Services Agency provided a written apology to the grandparents for the agency's inconsistencies and delays. After a five-year struggle, visits were arranged.