Greuges Ombudsman, moon angelpresented this morning Annual report 2022 in the Courts of Valencia, which he pointed out after the pandemic There are notable sequels Complicating relations between citizens and administrations tasked with protecting their rights. “The government is hostile territory for the citizen,” said Luna. The Ombudsman Institution explained that the main reasons for this situation were primarily not responding to requests. Secondly, because the public authorities demand too many requirements and, lastly, because the interested party does not understand the administrative procedures and, moreover, due to the lack of empathy shown to them in many cases.
The advocate detailed the public’s reasons for going to the Ombudsman and the response found. Ángel Luna is responsible for many of the complaints that come to the institution. motivated by neglect in the processing of files, allowing time to pass and then requesting fixes that need to be noticed right from the start. “For vulnerable people, time without help can be devastating” and “calls for help from political leaders, civil servants and civil servants to foster a genuine culture of civil service administration”.
Maintaining mandatory pre-appointment violates citizenship rights
An important fact that raises the difficulties implied by the Ombudsman is the continuation of the previous appointment. At the close of this 2022 Annual Report, there are Administrations that insist on demanding this requirement. It’s an app that this institution has received a lot of complaints about. Worse still, in many cases an advance appointment can only be requested electronically, leading to a picaresque approach to blocking and selling appointments, doing obvious harm to those who inevitably need them. Continuing the previous appointment after the pandemic restrictions violates the rights granted to citizens by the Public Administrations Common Administrative Procedure Law or the Public Sector Legal Regime Law, which requires compliance with the principles of proximity and efficiency. Administrative silence leads to the discrediting of institutions.
Likewise, not responding to the citizens regarding the functioning of the Administrations is the first problem shown by the complaints processed in this institution. In most cases, the complaints reaching the ombudsman indicate that the Administration remained silent in the face of the demands of the citizens, regardless of the problem (dependence, education, employment, housing, etc.), which was a violation of fundamental rights at the beginning. They go to the Ombudsman because they don’t know what to expect. In almost all cases, non-response hides an infringement of a material right or dissatisfaction with a service. But a simple non-response already puts the citizen in confusion, confusion and restlessness. Months or years later, she doesn’t know anything about her request. Even if it’s processing.
This behavior is not acceptable. This is a violation of law and is disrespectful to those who come to knock on the door of the public. “This disrespect for citizenship is discrediting institutions,” says Luna. The Ombudsman’s decisions are replete with reminders of Article 41 of the European Union’s Charter of Fundamental Rights, as well as Article 9 of our Autonomy Regulation, which celebrates the right to good governance. Most of the Valencian Community Ombudsman’s actions are framed around this fundamental right.
Acting on the principle of a single legal entity
It should also be warned of the tendency to avoid responsibility observed in many administrative areas. It is usual for the Ombudsman to receive reports pointing to another department or another unit within the same department when an explanation for a reported shortcoming is required. The most paradigmatic case was the case regarding the processing of the Thermal Social Bonus corresponding to 2020, which led to a significant number of complaints in the 2022 fiscal year. Identify which department is responsible for processing assistance requested by those affected.
This immorality is reproduced in a few town halls, especially some large town halls. When the mayor is asked to report on an issue, it is common to receive a response signed by a department official pointing to another department as the person in charge of the competition. The Ombudsman had to remember that the Administration must act on the principle of a single legal personality and that its requirements are directed at the institution in question and not at any of its departments. This reminder is not always followed.
It is urgent to reform primary care and ease waiting lists
On the other hand, it is worth emphasizing the great concern arising from the state of health services regarding the enjoyment of the most fundamental rights in the Valencian Community. This is not the area that causes the most complaints before the institution. Presumably, the existence of a Patient Assistance and Information Service (SAIP) filters the number of user complaints, resulting in only unresolved ones (which are quite few).
In this regard, it can be clearly said that the important consequences of the pandemic are dragging on. The challenges in our healthcare system didn’t start here, it’s ancient, but it’s definitely gotten much worse. Discontent continues to accumulate in primary care, and its shortcomings have repercussions on hospitals overrun with patients whose emergencies need to be treated in health centres.
In this context, the advocate calls for urgent consideration of primary care reform. In addition to the delays in primary care and specialties, hospital waiting lists with unacceptable parameters are added, which causes despair in users.