What type of complaints cannot be investigated by the Ombudsman?

The Ombudsman cannot investigate complaints arising from actions or omissions of:

• private individuals including lawyers, doctors, engineers, etc. in private practice;
• private companies;
• private contractual or commercial transactions;
• the President;
• the House of Representatives;
• the Cabinet;
• the Judiciary including court decisions and the conduct of court proceedings or where proceedings are pending in a court or in any Tribunal constituted by, or under, any law;
• the investigation of crime by the Police;
• the Armed Forces of Malta except where the complaint is in respect only of appointments, promotions, pay and pension rights of officers and man of the force;
• Commissions that are set up under ad hoc legislation such as the Commission for the Administration of Justice, the Electoral Commission, the Employment Commission, and the Permanent Commission against Corruption;
• the procedures before Public Service Commission unless the Ombudsman is satisfied that all available means of redress have been exhausted;
• the Malta Broadcasting Authority;
• the Attorney General in the exercise of a specific set of powers that are referred to in Article 91(3) of the Constitution;
• persons acting in the capacity of counsel or legal adviser to the Government;
• the Auditor General in respect of the functions stipulated under Articles 108(4) and 108(5) of the Constitution;
• the Security Service; and
• non-government organisations.

Other matters not subject to investigation by the Ombudsman include issues relating to national internal or external security; relations between the Maltese Government and any other government or international organisation; action taken by the Minister responsible for justice under the Extradition Act; and the exercise of the power of the Prime Minister under Article 515 of the Criminal Code.

The Ombudsman may decide not to investigate matters where a remedy may be sought before an independent Tribunal. The Ombudsman cannot investigate decisions taken by courts and tribunals.