Spike in complaints by Defence Forces members to Ombudsman

There has been a sharp increase this year in the number of complaints from serving and retired members of the Defence Forces to the external ombudsman.

It follows a fall-off in cases in 2022, but this is thought to be partly due to fewer promotion competitions last year, which are linked to a spike in complaints.

The Ombudsman for Defence Forces (ODF) Annual Report 2022 shows that 25 investigation reports into complaints were completed in that year.

The ombudsman, Mr Justice Alan Mahon, said this was a “significant drop” on 2021, when 36 investigation reports were produced.

“Interestingly however, in the first 4 months of this year, 2023, the number of completed reports is very significantly up compared to the same period in 2022,” Mr Mahon said.

“Based on current trends the number of investigation reports likely to be completed in 2023 will even outnumber those completed in 2021.” 

He said that in 2022 he received a total of 54 notices of complaint (NOCs), compared to 106 in 2021 and 80 in 2020.

“Over the years the NOC numbers vary significantly from year to year without any obvious explanation for doing so," he said.

"The significant drop in 2022 is possibly partly explained by the fact that 2022 saw a reduction in Promotion Competitions at all ranks, compared to 2021. Promotion Competitions have always prompted a spike in complaint numbers.” 

Mr Mahon highlighted greater numbers of cases involving retired members: “Another notable statistic is that complaints from former members of the Defence Forces numbered nine in 2022 (36% of the total completed investigations in 2022), whereas in 2021 there were only two such referrals (or 6% of the total completed investigation in that year), and in 2020 there were none.”

Of 28 cases investigated, ten were from 2 Brigade, nine from retired members, six from the Air Corps and two from the Defence Forces Training Centre.

On the nature of the cases, 13 related to ‘maladministration’, which covers a variety of issues, including complaints in respect of performance appraisal and discharge.

Eight of the cases were categorised as ‘interpersonal issues’, which includes personality conflict and/or allegations of inappropriate behaviour or bullying.

Seven complaints related to either non-selection for promotion or non-selection for a career course.

Mr Mahon said that a 12-month limit placed on complaints to his office was “too short”, particularly in circumstances where a complainant’s preference is to allow the Internal Defence Forces Grievance process to complete its investigation into a complex complaint, which could have been submitted some number of months after the event.

“In such a case, there is a real risk that a referral of the complaint to the ODF, after the internal process has been completed, may fall foul of the 12-month limitation period,” he said.

In an effort to minimize this occurring, he said his office now writes two specific letters to complainants.

The first letter is sent approximately 28 days after the complaint was submitted to the Defence Forces internal process, advising that the complainant may now request the ODF to investigate the complaint.

The second letter is sent approximately three months prior to the expiry of 12 months from the date of the action/matter complained of, warning that if the ODF is to investigate he/she must refer the complaint to the ODF before that deadline expires.