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Complaints about Authorities > Do you wish to complain? > What should precede a complaint

What should precede a complaint

What should precede a complaint addressed to the Defender

A complaint should not be directed to the Defender until the complainant has exploited the normally available options provided by legislation (appeal or complaints). Thus, the complainant must demonstrate that (s)he has previously actively addressed the authority to which the complaint pertains and unsuccessfully requested remedy.

  • In the overwhelming majority of cases, an appeal against the decision of an authority can be lodged with the superior body of the authority.
  • If you consider that an authority has not issued a decision within the deadline stipulated by law, you should address the superior body and request that it ensure remedy.
  • If an authority should have commenced proceedings but has not done so at all and is inactive, you should again address the superior body with a request for ensuring remedy.
  • In cases where you cannot appeal but you feel that you’re in the right and you disagree with the conduct of the authority, you can lodge a complaint with the highest representative of the authority (e.g. director, secretary, etc.)

These steps must be taken before you address the Defender. By his activities, the Defender cannot substitute for the decision-making of individual authorities.

If you are unsuccessful – the authority does not respond to your complaint at all or you are dissatisfied with the remedy and the measures taken – it is time to address the Defender. You will then send him or deliver in person the copies of all documents related to your problem.

Example:

Your pension was calculated incorrectly

In that case, first address your complaint to the Czech Social Security Administration. If you do not succeed, then address the Ombudsman.

Your problem is a blocked access road

First address the transport administration authority of the relevant municipality. If you are not satisfied with its decision, your next step should be an appeal to the Regional Authority. If you do not succeed, then address the Ombudsman.

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