PORTUGAL | The Portuguese Ombudsman publishes its Annual Report 2022 and a report on its activities as NPM in 2022

The inability of the State to respond in reasonable time, the deficient articulation between services which hinders decisions and not infrequently generates conflicting decisions, and the unclear communication with interested parties are among the problems that are found across the board in the Public Administration and which seriously compromise the quality of public services.

This finding, which stems from very close and regular contact with the daily reality of the citizen/Administration dialogue, is highlighted in the Ombudsman’s Report to the Assembly of the Republic – 2022, which, together with the annual report on the activity developed as the NPM – National Mechanism for the Prevention of Torture, was delivered on 4 July 2023 at the Assembly of the Republic by the Ombudsman, Maria Lúcia Amaral.

Unreasonable response times by the State were especially visible in cases handled by the processes handled by the Foreigners and Borders Service (SEF) and in some areas and services of Social Security, putting at risk the most vulnerable groups.

The poor articulation between public services can also be observed in the relationships between various entities that operate in the field of social security, namely the Institute of Social Security (ISS), the Institute of Informatics (II), the Institute of Financial Management of Social Security (IGFSS), the Social Security (IGFSS), the CGA and the Institute of Employment and Professional Training (IEFP). For example, in some cases the ISS continues to offset the debt and report it to the IGFSS for compulsory collection.

The communication failures translate either into the use of intricate language, which is protocol-based and inadequate for the addressees, or into difficulties in the citizen’s access to clear, updated and reliable information.  On the other hand, the excessive technical density of some matters and the complexity of the legal system constitute additional difficulties both for the provision of information and its updating, and for the justification of the decisions of the administrative services.

The 2022 Report adopts a different model for reporting the Ombudsman’s activity, which still partially reflects the profound internal reorganisation initiated in that year, in order to enable this independent State institution to continue to have the capacity to respond to the constant increase in complaints.

In April, a new model for handling complaints came into operation, with a unit dedicated to preliminary appraisal of requests sent to the Ombudsman, that is, prior to opening a procedure to investigate the complaint itself, undertakes the respective analysis and sorting.

This change prevents straightforward comparisons being made with the number of complaints processed in the past. In relation to the respective topics, no significant differences can be observed, however, in 2022, with Social Security remaining the predominant area addressed by those who addressed the Ombudsman.

Regarding the most relevant aspects of the NPM’s work in 2022, it should be highlighted the deepening of the monitoring of the security forces, starting with the PSP, an initiative that gave rise to a special thematic report on detention conditions and procedures. At the same time, alerts on systemic problems are renewed in 2022, such as overcrowding and the inadequate material conditions of a significant number of prisons, as well as the lack of human resources (prison guards, technicians and assistants).

 

Source: The Office of the Portuguese Ombudsman

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