Annual Report

Bermuda Ombudsman 2024

Annual Report 2024
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 The annual report cover features the island’s national flower, the
Bermudiana. Our Office’s crest has nine Bermudiana flowers to represent
the island’s nine parishes.

We’re proud to say we focus not only on policy and procedure, but also the
human aspect of our work. We are reminded that behind every case file
and procedure is a real person seeking understanding and fairness. The
Bermudiana reminds us that true service lies not merely in the decisions
we reach, but in how we honour each person’s story along the way.

When someone feels truly heard and understood, when their concerns
are met with authentic human care rather than bureaucratic distance, we
create the conditions where fairness can flourish.

This invites us to imagine a Bermuda where this becomes the standard

across all our island’s publicly funded bodies.

Cover illustration by Laura Ann Bell, Two Four One

Bermuda Ombudsman Annual Report 2024

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 OMBUDSMAN FOR BERMUDA

27th June 2025

The Hon. Dennis Lister, JP, MP

The Speaker, The House of Assembly
Sessions House
21 Parliament Street
Hamilton HM 12

Dear Honourable Speaker:

I have the honour of presenting my Annual Report which covers the period 1st January to 31st
December 2024.

This Report is submitted in accordance with section 24(1) and (3) of the Ombudsman Act 2004
which provides:

Annual and Special Reports

24 (1) The Ombudsman shall, as soon as practicable and in any case within six
months after the end of each year, prepare a report on the performance of his
function under the Act during that year.

24 (3) The Ombudsman shall address and deliver his annual report and any special
report made under this section to the Speaker of the House of Assembly, and
send a copy of the report to the Governor and the President of the Senate.

Sincerely,

Michael A. DeSilva
Ombudsman for Bermuda

Suite 102 • 14 Dundonald Street West • Hamilton HM 09 • Bermuda

TEL 441-296-6541 • FAX 441-296-7734 • www.ombudsman.bm • [email protected]

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CONTENTS

Ombudsman’s Message 5

Ombudsman’s Office Staff 7

Farewells 7

Mission, Values and Motto 8

Overview 9

STRATEGIC AIM 1: Enhance the Impact of Our Work 10

Our Work 11

Casework in Context 14
Outstanding Cases 15

Selected Case Summaries, Did You Knows and Commentaries 16

Local Stakeholder Engagement 21

International Collaboration 22

Training and Professional Development 23

Affiliations 24

STRATEGIC AIM 2: Extend Our Accessibility 25

Special Considerations and Adjustments 26

How to Make a Complaint 26

STRATEGIC AIM 3: Expand Our Community Outreach 27

Public and Media Engagement 28

Social Media & Advertising 29

Surveys & Data 29

“As you grow older,

you will discover
STRATEGIC AIM 4: Establish a Modernisation Programme 30 that you have two
Compliance 31 hands, one for
Policy & Standards 33 helping yourself,
the other for
Supplementary Resources 36
helping others.”
Complaint Process FAQs 36 – Audrey Hepburn

Complaint Stages 37

Complaint Dispositions 38

Assessing Good Administration 39

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OMBUDSMAN’S MESSAGE

A
s I reflect on 2024, my thoughts turn not to
statistics and case closures, but to the human
stories that shape our work at the Office of the
Ombudsman. Behind every complaint that crosses
our desks is a person – often frustrated, sometimes angry,
frequently feeling unheard – who has turned to us as their last
hope. It is this deeply personal dimension of our mandate that
continues to humble and motivate me, even after three years in
the role.

The human element of our work became particularly evident

in our efforts to meet complainants face-to-face whenever
possible. There is something irreplaceably powerful about sitting
across from someone who has been wrestling with government
bureaucracy, looking them in the eye, and simply listening. In
these moments, I am reminded that behind every complaint is
a story of someone trying to navigate systems that should serve
them, but sometimes fail to do so. Whether it’s a senior citizen
confused by an application process or a family seeking answers
about housing, each interaction reinforces the vital importance
of our role as intermediaries between the public and the public
service. This human-centred approach has become increasingly
central to our methodology, and I believe it has made us more
effective advocates for fair and reasonable outcomes.

One meeting in particular stands out as a powerful reminder

of the importance of humility in this role. A complainant,
understandably upset about an unfavourable decision, had
requested a meeting to express his dissatisfaction with my
handling of his case. What began as a tense two-hour discussion
evolved into something far more meaningful. As he detailed
his experience, I realised that, despite the thoroughness of our
investigation and the correctness of our conclusion, I had left the
complainant in the dark about our discussions with the public “Behind every complaint is a story of someone
authority. I offered him an unreserved apology for this oversight. trying to navigate systems that should serve
While it did not change the outcome of his case – nor should it them, but sometimes fail to do so.”
have – that apology and acknowledgment of my communication – Michael DeSilva, Ombudsman for Bermuda
failure transformed the tenor of our relationship. He left not as
an adversary, but as someone who, while still disappointed in
the result, understood that we had treated him with respect and
honesty. This experience reinforced my belief that sometimes the that the Bermuda Office was following best practices. The
most important thing we can offer is not vindication, but genuine experience served as a valuable reminder that professional growth
accountability for our own actions. and development are not merely optional in public service, they
are essential.
This past year has been one of learning, both professionally and
personally. I had the opportunity to attend the Osgoode/Forum The development and implementation of our Strategic Plan 2023-
of Canadian Ombudsman Certificate Course, “Essentials for 2026 has required us to examine what we do and how we do it.
Ombuds”, in Toronto last September. I confess that I initially In addition to in-person meetings with complainants, we made
approached the course with some skepticism. After all, you know a significant investment last year in face-to-face engagement
what they say about teaching an old dog new tricks. Yet I emerged with government authorities and agencies. Rather than relying
with fresh perspectives, renewed confidence, and confirmation solely on written correspondence, we have prioritised in-person

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OMBUDSMAN’S MESSAGE

meetings to explain our processes, discuss systemic issues, and This aspect of the work has reinforced my appreciation for our
work collaboratively toward solutions. exceptional team. Day after day, they demonstrate patience with
the impatient, empathy with the frustrated, and professionalism
These meetings have yielded unexpected results. When with the occasionally unreasonable. They understand that
authority representatives understand our recommendations behind every complaint is a person who often feels powerless
and the reasoning behind them, they are more likely to embrace within ‘the system’ and they approach each case with the dignity
meaningful change. When we can discuss a complainant’s and attention it deserves. Their dedication to fairness, their
situation in human terms rather than merely procedural ones, commitment to thorough investigation, and their genuine care for
we often find common ground that seemed impossible on paper. the people we serve make me proud to work alongside them.
This investment of time – and it is a significant investment – has
proven worthwhile in terms of both case outcomes and fostering While I salute the strength of our current team, I would be remiss
professional relationships with staff at the authorities. not to acknowledge two valued colleagues who moved on to new
opportunities during 2024. Shaun Dill, our Manager of Finance
Speaking of time, this year has provided sobering lessons about and Administration, departed after five years of exceptional
the reality of thorough case work. Complex complaints simply service. Finance, I must admit, is decidedly not my forte –
cannot be rushed. Each case requires careful investigation, perhaps another case of the old dog struggling with new tricks.
thoughtful analysis, and often extensive consultation with Shaun’s capable and competent guidance was invaluable to our
multiple parties. Our casework takes time to do properly, and operations. His financial stewardship allowed me to focus on our
‘time’ continues to be a relentless force on our capabilities. In casework with confidence that our administrative foundation was
our Annual Report for 2023, I discussed the competing demands solid.
that face our office of only six: small cases; big cases; systemic
investigations; public outreach; authority engagement; and Gainelle Simons, our Executive Assistant for two years, brought a
administrative work. With an annual caseload of around 300, lively personality and creative flair to the office. Her enthusiasm
our team does its best to juggle their duties across a wide array added a vibrancy to our office culture that was refreshing and
of tasks. But, as I wrote last year, “Backlogs are inevitable under energising. Both Shaun and Gainelle contributed significantly to
these circumstances. Sooner or later, we will need to increase our the effectiveness of our Office, and I genuinely enjoyed working
investigative capacity if we are expected to continue to make a with them. While we miss their presence, we celebrate their
meaningful public impact”. advancement to bigger and better things, and we wish them
continued success in their new endeavours.
We submitted a business case to the Ministry of Finance in
September and requested funding to support two additional
posts – one for investigations and casework, and the other for
outreach and administrative support. Regrettably, the request
was not approved. We will, therefore, continue to do our best with
what we have. But with our commitment to quality over quantity,
it means that we have to be strategic about which matters
require our full investigative attention and which can be resolved
informally or by referral. It also means being transparent with Michael A. DeSilva
complainants about realistic timelines – conversations that are Ombudsman for Bermuda
sometimes uncomfortable to have.

Looking ahead, the lessons of 2024 will continue to inform

our approach. We will maintain our commitment to personal
engagement, both with complainants and authorities. We will
continue to invest the time necessary for thorough case work,
even when pressures dissuade us from doing so. And we will
remember that effective ombudsman work requires not just legal
expertise and investigative skills, but emotional intelligence and
genuine human connection.

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OMBUDSMAN’S OFFICE STAFF

FAREWELLS
Special Thanks to:

Michael A. DeSilva Junior Watts

Ombudsman Deputy Ombudsman

Gainelle Simons
Former Executive Assistant

Kristen Augustus Aquilah Fleming

Investigations Officer Investigations Officer

Shaun Dill
Former Manager – Finance
/ Administration

For their dedicated service

and commitment to the
work of the Office and for
the valuable contributions
they have made.

Rashida Bean Shania Kesseram

Manager – Finance / Temporary Administrative
Administration Support

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 MISSION
Our main purpose is to protect the public interest by providing a free, fair and independent
resource to address complaints about public services. Our goal is to drive greater
accountability and help improve standards across the public sector.

VALUES

INDEPENDENCE FAIRNESS PROFESSIONALISM RESPECT

We are non- We listen carefully We are committed to We engage every

governmental, to all sides, and we high standards and individual with dignity
unbiased, and respond honestly transparency. We and empathy, and
free from outside and impartially. follow international we are accessible to
influence. We We investigate guidelines and everyone. We protect
address complaints thoroughly and make we learn from our human rights, and we
confidentially and we decisions based on experiences to foster a positive work
act with integrity. objective evaluations improve our services. environment.
of the evidence.

MOTTO

“For the Good of the Public, and Those Who Serve the Public.”

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 The Office of the Ombudsman forms an integral part of good governance in Bermuda and makes
an important contribution to the accountability of public administration, the protection and
promotion of human rights, and the rule of law. We provide the public with an independent,
capable, and inclusive resource to address their complaints against public authorities. Our goal is
to resolve conflicts where we can, and help improve the services of those authorities.

OVERVIEW
The contents of our Annual Report are laid out to reflect each of Download a copy of
the four aims in our Strategic Plan 2023 – 2026 as follows: our Strategic Plan here

1. Enhance the impact of our work

2. Extend our accessibility to the public
3. Expand our community outreach
4. Modernise the Office

The Office of the Ombudsman provides services to all members

of the public, free of charge.

We provide the public with an independent, impartial, and

professional resource to address complaints against public
authorities.

Our goal is to resolve conflicts where we can and help to

improve public services.

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 STRATEGIC AIM 1:
Enhance the Impact of Our Work

Our Office serves the public, and those who serve the public. It is
important to us that our work makes a real difference to individ-
uals and government departments. We aim to restore fairness
where unfairness has occurred. We provide complainants with an
avenue to seek redress, and where appropriate, we help to bring
about positive changes to public services.

This strategic aim is designed to help us to be more effective and

efficient at the work we do.  
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OUR WORK

Our casework encompasses both complaints and enquiries. The distinction between a complaint and an enquiry
is based on the complainant’s intention when contacting our Office. A complaint is a case where the complainant
requests that we pursue inquiries into the complaint. In contrast, an enquiry is a case where the complainant asks for
guidance or assistance in determining the best next step.

CASEWORK IN 2024

To summarise new cases opened in 2024: or concerns and they ask to remain anonymous, we
do not record the person’s name. This number does
• We received 223 new cases. 191 were complaints, and not include complaints and enquiries made by such
32 were enquiries (see Figure A). persons.
• Of the 191 complaints, 122 were in our jurisdiction, and
From 1st January to 31st December 2024, we worked to
69 were not.
address a total of 285 cases (see Figure C). This number
• We referred 30 of the complaints within our jurisdiction included:
to other authorities where there was a more suitable
remedy. • cases carried into 2024 from previous years - 62
• We disposed of 67 complaints: • cases received in 2024 - 223
• 7 complaints were abandoned or withdrawn by
To summarise cases worked on in 2024 (see Figure B):
the complainant.
• 8 complaints were resolved between the com- • Of the 285 cases worked on in 2024, 51 were in prog-
plainant and the authority with informal and ress as of 31st December 2024. 234 cases were
limited intervention by us. disposed of: 202 of these cases were complaints, 129
of which were within our jurisdiction and 73 of which
• 52 were closed after our Office made inquiries
were not.
into the complaint.
• 51 complaints remained open at the year’s end. • Of the 129 complaints within our jurisdiction: 10 were
‘Informally Resolved’; 15 were ‘Deemed Premature’; 18
• 17 people raised multiple complaints and enquiries
were ‘Referred’; 1 was ‘Settled’; 11 were ‘Withdrawn’ or
with our Office within the 2024 reporting year, ac-
‘Abandoned; 71 were Closed After Inquiries’; one was
counting for 38 cases—roughly 17% of cases received
Closed After Investigation (No Maladministration); one
in 2024. When people contact our Office by phone, if
was Closed After Investigation (Maladministration);
the initial phone call fully addresses their questions
and one was Closed after an Outcome Review (not
substantiated).

Figure A: Cases received in 2024 • Of the 73 complaints outside of our jurisdiction: 19

were ‘Declined’ because they were not in our juris-
diction and we did not provide additional resource
information; 50 were ‘Declined and Referred’, i.e. we
did provide additional resource information, and 4
were ‘Signposted’.

• Of the 32 enquiries worked on in 2024, all were re-

ceived in 2024 and closed by 31st December 2024.

223
cases received For a full description of our complaint process and
dispositions, see pages 37 and 38.
in 2024

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Figure B: Cases worked on in 2024

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Figure C: Cases received in 2024 by Authority

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CASEWORK IN CONTEXT

Figure C shows the total for new cases in 2024 by Figure D summarises the new cases received in 2024
each authority, excluding bodies that are not in the by the relevant Ministry according to the Government’s
Ombudsman’s jurisdiction (Not-In-Jurisdiction). These October 2024 organisational chart which was in effect
numbers represent complaints and enquiries made, at year-end (the Government has since made changes
not the Ombudsman’s findings concerning those cases. to the organisation of Ministries, departments and other
Counts also do not indicate whether the complaints were bodies under its responsibility.) The graph also includes
substantiated. three additional categories: ‘Non-Ministry’, which are
government-funded bodies that are not part of a Ministry,
Authorities with a higher volume of public interaction have ‘Non-Government but Authority’, which are authorities that
a higher volume of service users and, consequently, tend are not within the Government’s organisational structure,
to have a high volume of complaints and enquiries made and ‘Not-In-Jurisdiction’ which are bodies not subject to
to the Ombudsman. the Ombudsman Act.

Figure D: Cases received in 2024 by Ministry

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OUTSTANDING CASES

In 2024, we successfully addressed and closed 35 We continue to work towards carrying over the
of the 62 cases that were opened in prior years. fewest number possible of complaints at the end of
Of these 35 closed cases, we resolved 54% after each calendar year. 51 complaints remained open
inquiries that we considered to have reasonably at the end of 2024, a significant reduction from the
satisfied the issues and 2 cases were closed after an previous year (see Figure F). We will continue to
investigation. 51 cases remained open at the close monitor and address the backlog with the intention
of 2024: 1 from 2017; 1 from 2018; 1 from 2019; 0 from of further decreasing this number in the next
2020; 5 from 2021; 5 from 2022; 13 from 2023; and 25 reporting year.
from 2024 (see Figure E).

Figure E: Complaints carried into 2025

Year Opened

Complaint Status as at 31-Dec-24 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL

Intake 1 7 15 23

Preliminary Inquiry 1 3 5 5 14

Early Resolution* 1 1

Pre-investigation 1 4 5

Investigation 1 1 1 3 1 1 8

Post Investigation 0

Implementation Review* 0

Outcome Review 0

Total Complaints carried into 2025 1 1 1 0 5 5 13 25 51

Figure F: Open complaints at end of reporting period: 5-year glance

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 Selected Case Summaries,
Did You Knows & Commentaries

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CASE STUDY:
Beyond the Complaint – Managing Unreasonable
Behaviour in Public Service
A recent case highlighted common challenges in • Unreasonable Expectations: clearly outline realistic
managing unreasonable behaviour. An oversight body timeframes, processes and outcomes upfront and
received multiple emails from anonymous aliases reference relevant policies and regulations that apply.
about a minor incident they had already investigated. Provide specific reasons why requests cannot be met
The complainant, who wasn’t directly affected, alleged and direct the complainant to appropriate appeal
a cover-up and demanded specific actions. While the mechanisms as appropriate.
body conducted an appropriate analysis, it avoided
responding to the complainant because of the concerning • Mass CC’d Emails: reply only to relevant parties and
communication pattern. state clearly who is responsible for the issue. Create
a single point of contact and document why other
Our review found that although the complainant’s copied parties are not involved.
approach was problematic, the oversight body’s failure
to respond was inappropriate. As an agency that handles • Legal Threats: refer to legal department/
whistleblower complaints, it should have acknowledged management. Maintain factual communication
receipt of the complaint, outlined its complaint process, records and respond only through appropriate
clarified whether the outcomes would be shared, and channels.
explained any investigation thresholds that applied.
• Repetitive Complaints: create a comprehensive ‘final
Public Officers are expected to deal with all people fairly response’ letter. Establish clear criteria for reopening
and impartially, and to provide a high-quality service. cases and maintain consistent decisions across
However, they are not expected to tolerate behaviour similar cases. Consider implementing a vexatious
that is abusive, offensive or threatening, or which makes it complainant policy.
difficult for them to deliver service. This case demonstrates
• Referral Procedures: outline available internal
why public authorities need strategies to manage
complaint/appeal processes and provide details of
unreasonable behaviour while maintaining transparency
specific timeframes and requirements for appeals.
and procedural fairness. The following tips address
Explain which matters can be internally reviewed vs.
common challenges like excessive contact, unreasonable
requiring external oversight. Direct the complainant to
demands, and concerning communication patterns:
appropriate external bodies (ombudsman, tribunals)
• Excessive Contact: set clear response boundaries when internal processes have been exhausted.
such as, “We will only respond to new information on Document all referrals made and maintain consistent
this issue. Previous decisions remain unchanged.” referral practices across similar cases.
Establish internal protocols for when/how to respond
• Escalate to management when (a) staff are unable
to such complaints in a standardised manner, and
to progress the matter; (b) communication becomes
accurately document all interactions.
increasingly hostile; (c) clear management intervention
• Disrespectful Communication: acknowledge is needed; OR (d) staff wellbeing is affected.
emotions but stay professional, for example “I
• Management should (a) take over direct
understand your frustration, however...” Focus
communication; (b) review and adjust response
responses solely on facts and process, and consider
strategies; (c) support staff wellbeing; AND (d)
requiring written-only communication if verbal
document intervention outcomes.
interactions become hostile. Address the substance
of the complaint while clarifying expectations about :
communications: “I am responding to your concerns
The Key Principles to follow when an authority
about X. However, our future communications will
encounters unreasonable behaviour from a
be more effective if focused on the issues rather
complainant are:
than personal comments.” Separate legitimate
issues from conduct, and document both the 1. Always maintain professional tone
substantive matters and any concerning behaviour 2. Document everything thoroughly
patterns independently. Use templated responses 3. Follow consistent procedures
that acknowledge receipt and outline processes, 4. Provide clear escalation paths
regardless of tone. 5. Set and maintain firm boundaries
6. Never ignore legitimate new information

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CASE SUMMARY: DID YOU KNOW?
Strengthening Public
Service Together
A member of the public filed a complaint of
unresponsiveness from a government department
regarding her application status. Despite making
numerous attempts to contact the department,
she had been unable to receive any updates on the
progress of her application.

INTERVENTIONS
Our Office quickly engaged with the department,
benefiting from an established relationship with the
director who had previously provided us with her cell
phone number for direct communication.

The director’s initial response revealed that the Prison Emergency Notification Button
staff member handling the application no longer
Did You Know that inmates locked in their cells must
worked in the department. Following weeks without
have a way to communicate with prison officers at any
a successful meeting between the complainant
time? This requirement, established in Section 7 of the
and the director, our Office’s follow-up discovered
Prison Rules 1980, ensures safety and wellbeing through
the complainant was considering abandoning her
emergency notification systems.
application due to frustration.
Key benefits of emergency notification buttons include:
Further investigation revealed the director’s meeting
request email had failed to send due to connectivity • Immediate medical assistance during health
issues. The director immediately resent the email, emergencies like heart attacks or injuries
and our Office promptly informed the complainant, • Quick response to fires, flooding, or other cell hazards
who confirmed receipt and expressed appreciation • Protection from self-harm or suicide attempts through
for our involvement. rapid intervention
• Access to help during mental health crises
• Communication during facility emergencies like
INSIGHTS
power outages
Strong relationships with public authorities • Prevention of violence through early officer notification
significantly enhance our ability to resolve • Compliance with human rights standards for prisoner
complaints efficiently, as demonstrated by the direct safety
communication channel with the director. This case
revealed how technical issues in communication The system balances security requirements with the duty
systems can significantly impact public service of care to those in custody.
delivery and citizen trust, highlighting the need for
verification processes for critical communications.
The complainant’s near-abandonment of her
application illustrates how unresponsiveness
can erode public trust in government services, Managing Prison Renovations & Maintenance
emphasizing the importance of prompt intervention.
Did You Know that the Department of Public Land and
While maintaining our independence as an oversight Buildings (“PLB”) maintains Bermuda’s correctional
body, our Office’s role in bridging communication facilities? During meetings with PLB and Department of
gaps between authorities and members of the Corrections representatives, our Office examined prison
public helps fulfill our broader mandate of improving maintenance management procedures. At Westgate,
public service delivery. Regular follow-up with both inmates rotate between three housing units to enable
parties proved crucial in identifying and correcting extensive renovations in empty units. Selected skilled
oversight, ultimately preventing the escalation of a inmates assist with the work alongside contractors,
simple communication breakdown into a significant with PLB conducting inspections. These inmates receive
issue affecting public trust. payment for their labour.

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DID YOU KNOW?
Bermuda Shipping & Maritime Authority

Did You Know that Bermuda has been operating a shipping

registry since 1789? That’s 235 years in the business! During
the early years, Bermuda played a strategic role in the
safety and security of British ships transiting the Atlantic
Ocean. The Registry has since evolved, expanding its role
and services to ships covering all the oceans of the globe.

The Bermuda Shipping Registry is managed by the

Bermuda Shipping and Maritime Authority (“BSMA”). It
was established on 1st October 2016 as a Quasi Non-
Governmental Organisation (i.e. QUANGO) in the form
of a body corporate to continue with the work that was
previously carried out by the Department of Maritime carries out statutory inspections, surveys and audits and
Administration. The BSMA has a private public structure provides the relevant certificates of compliance.
which provides agility and independence to ensure it can
The Bermuda Shipping Registry is a Category One (Cat
meet and respond to the demands and needs of the ship
1) member of the prestigious Red Ensign Group (“REG”) of
owners, ship operators and all its clients.
Registries. The Registry takes pride in the high standards
The BSMA focuses on registering ships and yachts. As the of its ships and the world-class service it provides to its
Flag State and regulator, the BSMA ensures vessels on the clients. As a REG Cat 1 shipping registry Bermuda can
Bermuda Ship Registry operate safely, are well-maintained, register ships of any type, age or size, subject to meeting
and prioritise crew welfare. To accomplish this, the Authority the standards required for flagging-in to Bermuda.

Charities & the Ombudsman Act The Department of Planning’s

‘De Minimis’ Policy
Did You Know that the Ombudsman may investigate
complaints that are made against certain charities? Not all breaches of Bermuda’s planning regulations
Section 3 of the Ombudsman Act 2004 defines the will result in enforcement action by the Department
“authorities” that fall under the Ombudsman’s jurisdiction. of Planning. One of the Department’s key objectives
These include: is to “investigate and resolve complaints regarding
• Government departments; unauthorised development promptly and efficiently.” The
• Public authorities; Enforcement Section of the Department is tasked with
• Government boards; and responding to and investigating such complaints.
• Corporations or bodies which are established by an
During a recent inquiry from our Office, the Department
Act of Parliament or by a Minister.
explained the policy as follows:
Additionally, the Ombudsman has jurisdiction over any
“‘De minimis’ is a legal term which is derived from a
organisation that receives funding directly from Parliament
longer Latin phrase which translates as ‘the law does
– including third-sector organisations that receive
not concern itself with trifles’. The Department applies
government grants. In 2024, the list of charities that came
this to cases in which the matter is so minor in nature it
under the jurisdiction of the Ombudsman by virtue of a
would not pose any planning impacts.
government grant included, amongst others, the following:
• The Salvation Army As an example, where permission is required for
• Teen Services building a small wall [but it was not obtained], and
• SPCA permission would have been approved due to the
• Bermuda Football Association minor nature of the work, the Department would not
• Bermuda Golf Association likely take enforcement action after the fact, as it
• Bermuda Tennis Association would not consider it to be expedient to do so when
• Big Brother/Big Sister permission would have been granted anyway.”
• Bermuda Sea Cadets
• WindReach Bermuda You can download various procedures and guidance
notes that relate to the Department of Planning here.

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DID YOU KNOW?
US Visa Applications Require Full Disclosure of Criminal Convictions

Under the provisions of the Rehabilitation of Offenders

Act 1977, most criminal convictions are considered as In our Special Report,
“spent” after 7 years. This means that the conviction is “For the Record: An
not admissible as evidence in court proceedings and it Investigation into the
is not disclosed on a conviction record check from the Disclosure of Spent
Bermuda Police Service (“BPS”). This rule does not apply to Convictions for U.S.
convictions where a sentence of imprisonment exceeded Visa Applications”
three years. published in June 2024,
our Office reported that
This provision of law, however, only applies in Bermuda. the BPS had advised
us that, going forward,
Bermudians travelling to the United States do not normally
it would emphasise
require a nonimmigrant visa, unless they have been found
this important point to
ineligible for a visa under U.S. immigration law. Where an
people who applied You can download our
application is made under these circumstances for a visa Special Report, “For the
for a criminal records
to enter the United States, the application is approved Record,” on the disclosure
check specifically for
or denied based on standards established in U.S. law. of spent criminal
U.S. visas. convictions for U.S. visa
Bermuda laws relating to spent convictions do not apply
applications here.
to the U.S. State Department’s application process. The BPS said that it
would communicate Get up to date information
In a Royal Gazette article published on 3rd July 2024, a on U.S. visa application
directly with applicants
spokesperson for the U.S. Consulate in Bermuda explained requirements here.
who had spent
the following:
convictions on their
“The authorities are not legally bound to inform the record and explain the U.S. Consulate requirements.
U.S. of convictions. Rather, the Bermudian himself or
The BPS also undertook to amend its public
herself who is requesting to enter the United States is
guidance note to include an explanation of what
required to truthfully answer whether they have ever
is included on a conviction record check for U.S.
been arrested and/or convicted, regardless of when
visa applications and ensure that the applicant
that arrest and/or conviction occurred, and regardless
was clear about the process by having them sign a
of the final disposition of the case.
consent form.
If the applicant has been arrested and/or convicted,
the applicant him or herself is required to provide the
details of that arrest and, if any, that conviction. The
visa applicant requests this information directly from
the authorities, who then provide that information on
those arrests and/or convictions to the consulate in
furtherance of the traveller’s application to enter the
United States.

If they do not want to provide the details, they are

under no obligation to. However, their visa application
will not proceed.”

For more information about our complaint process, visit:

ombudsman.bm/making-a-complaint

Find more Bermuda Ombudsman Special Reports at:

ombudsman.bm/publications

Bermuda Ombudsman Annual Report 2024

20
LOCAL STAKEHOLDER ENGAGEMENT

One of our key strategic priorities is to engage with our stakeholders to foster good relations. Getting to know the
people who work in the authorities in our jurisdiction is an important part of relationship management. Much of our
work relies on mutual trust and respect to reach compromise, find solutions, and resolve complaints. Meeting with
authorities also gives our Office an opportunity to learn more about government services, policies and procedures. In
this way, we serve the public more effectively and efficiently.

Department of Corrections Presentation

IMPROVEMENT-FOCUSED DISCUSSIONS
In January, we presented to the new recruits of the
Department of Corrections. Although we are standard Our Office is ‘resolution-focused.’ This means that
billing on the recruit training course, this input is very we use the least intrusive method available to
important as the Ombudsman Act 2004 has specific achieve an appropriate resolution to a complaint.
requirements for the Department of Corrections to We believe that conducting improvement-focused
fulfill when inmates wish to make a complaint to the discussions in lieu of a formal investigation saves
Ombudsman. time, energy, and resources and leads to better
outcomes.
Later, in May, we gave a presentation to a group of the
Department’s supervisors. We covered some of what is in- This approach only works when the facts of the
cluded in the recruit training, and we provided more detail complaint are not in dispute, and the authority
about the expectations of supervisors who are charged accepts the idea of reaching a solution with the
with dealing with complaints. assistance of our Office. The result is that we
move straight to the recommendations phase
by working with the public authority to identify
Meet & Greet with Salvation Army Staff the changes necessary to remedy the issue and
prevent it from happening again.
We held a ‘meet and greet’ site visit with staff of the
Salvation Army. We gained an insight into the Army’s During 2024, these ‘ad hoc’ and informal meetings
relatively new Transitional Housing Programme, a not only helped us to resolve complaints, but they
supportive and semi-independent environment where also contributed to our relationship building effort
people can rebuild their lives and make the transition with the women and men that work in government
from homelessness to stable housing and meaningful services.
engagement with the community.

Read about the valuable contributions the Salvation

Army makes to our community here: salvationarmy.bm

Human Rights Commission Conference

In March, we participated in the Human Rights

Commission’s conference entitled, “What Can I Do? What
Can We Do?”

Bermuda Ombudsman Annual Report 2024

21
INTERNATIONAL COLLABORATION

Collaborating and communicating with other ombudsman offices across the world keeps us up to date with good
practices, investigation techniques, administration procedures, and news and developments across the industry of
ombuds practice.

Over the course of the year, we participated in several Our Office also:
virtual meetings with overseas agencies, including a
roundtable discussion with Dr. Victor Ayeni, Governance • Attended the AGM of the Ombudsman Association.
and Management Services International, UK. Dr. Ayeni is an • Attended the 12th Biennial Conference of the
accomplished scholar and practitioner with over 35 years’ Caribbean Ombudsman Association (“CAROA”).
experience at the senior-level in academics, international
• Participating member of the Ombudsman
development and the Commonwealth. He is a leading
Association’s Outreach Network.
authority in Governance and Public Sector Management,
and he has carried out teaching, research and policy • Participating member of the U.S. Ombudsman
advisory assignments in Africa, Asia, the Caribbean, Pacific Association’s Diversity, Equity and Inclusion
and South America. Committee.

ADDITIONALLY, OUR STAFF ATTENDED THREE OVERSEAS CONFERENCES:

International Ombudsman Institute World Conference

2024

Our Deputy Ombudsman, Junior Watts, attended this

conference held at The Hague, Netherlands, in May. Under
the overarching theme of “The Value of the Future,” the
conference focused on the role of Ombuds institutions in
creating a sustainable and inclusive society in 2030. The
International Ombudsman Institute (“IOI”), established in
1978, is a global organisation for the cooperation of more
than 200 independent Ombudsman institutions from
more than 100 countries worldwide. In its effort to focus on
good governance and capacity building, the IOI supports
its members through training, research and regional
subsidies for projects. received an award for Outstanding Exhibitor! Additionally,
former Bermuda Ombudsman Arlene Brock received a
Pioneer Award for being appointed as her country’s first
International Ombud Expo 2024 Ombudsman.

Our Investigations Officer, Aquilah Fleming, attended this

expo held in Botswana in July. The theme of the expo
United States Ombudsman Association Annual
was “Trusted Institutions: Righting Injustices, Bolstering
Conference
Quality Governance.” The event brought together over 500
ombuds offices, human rights bodies, grievance handlers, Under the theme, “Ombuds: The Gold Standard,” the 43rd
integrity organisations, and related oversight and Annual Conference of the U.S. Ombudsman Association
regulatory institutions from over 100 countries. Each one (“USOA”) was held in November in Oceanside, California.
provided an exhibition of its role and operation in tackling Investigations Officer Kristen Augustus attended the
governance concerns, righting injustices, and bolstering conference as well as the 2-day New Ombudsman Training.
the performance and productivity of governments and This workshop focused on the origin, characteristics
organisations. and standards of the ombudsman industry. There were
also sessions on intake of complaints and investigation
We are extremely proud to report that Ms. Fleming
methods.

Bermuda Ombudsman Annual Report 2024

22
TRAINING & PROFESSIONAL DEVELOPMENT

Our strategic plan calls for our Office to have an internal learning culture that helps us to continuously improve our
work, develop our skills, and enhance our individual and collective training standards. Throughout the year, our staff
took part in several formal training courses and professional development sessions.

Certifications
Congratulations to Investigations Officer Aquilah
Ombudsman Michael DeSilva obtained a certificate from Fleming who celebrated her 10th work anniversary
Osgoode Professional Development, in partnership with with our Office on 3rd March 2024!
the Forum of Canadian Ombudsman (“FCO”) and York
University in Canada. Held in Toronto in September, the
Essentials for Ombuds Certificate Programme provided
practical tips and strategies on conducting investigations,
implementing resolution techniques, and addressing con-
temporary ombudsman issues.  

Trainings

Aquilah Fleming attended training provided by the Gov-

ernment’s Department of Employee & Organizational
Development (“DEOD”), including “Learning to Manage,”
“Coaching Skills for Managers,” and “Confronting Perfor-
mance Challenges.”

Professional Development

Our professional development activities included

participation in the Forum of Canadian Ombudsman
webinars that discuss a wide array of subjects, including:

• Psychological Safety – Creating a Supportive Team

Environment
• Collaboration – A Key Skill for Ombud Offices
• Tackling Unconscious Bias
• Modern Leadership Approaches
• Fostering Leadership at all Levels
• Staff Recruitment & Retention
• Truth and Reconciliation Commission
• Training Needs for Ombuds

Bermuda Ombudsman Annual Report 2024

23
AFFILIATIONS

Our Office continues to be an affiliate of these

ombuds organisations.

It is in your hands
to create a better
world for all who
live in it.
–Nelson Mandela
CAROA – Caribbean Ombudsman Association
caribbeanombudsman.com

IOI – International Ombudsman Institute

theioi.org

Ombudsman Association
ombudsmanassociation.org

USOA – United States Ombudsman Association

usombudsman.org

FCO – Forum of Canadian Ombudsman

ombudsmanforum.ca

Bermuda Ombudsman Annual Report 2024

24
 STRATEGIC AIM 2:
Extend Our Accessibility

The services provided by our Office are free of charge, and they
are available to everyone. Complainants are not restricted to be
Bermudian, or even residents of Bermuda. Our team keeps diver-
sity, equity, and inclusion at the front of our minds when dealing
with all complainants. We are working to identify and remove any
barriers that may prevent specific groups or individuals from hav-
ing unrestricted access to our Office.

Bermuda Ombudsman Annual Report 2024

25
SPECIAL CONSIDERATIONS & ADJUSTMENTS

We have Portuguese translations for most of our information Figure G: How we received cases in 2024
brochures and complainant forms on our website, and we
have introduced a few Filipino translations. Our website has
enlarged text and text-to-speech options for those readers
with sight impairment.

Our Office is located on the ground floor of Dundonald Place,

and it is easily accessed by wheelchair users. We work with
interpreters and other persons to assist complainants, as
needed, in a confidential and respectful manner. We ensure
that our services are accessible to all users, including those
who do not speak English; those with disabilities, health
conditions or impairments; and those who may otherwise
need special considerations or adjustments.

HOW TO MAKE A COMPLAINT

Before coming to our Office, you should first make a

complaint to the relevant authority or government
department at your earliest opportunity.

Our policy is to allow the authority to address your

issue before we get involved. We may refer you back
to the authority if you have yet to avail yourself of the
authority’s complaint-handling process.

Even if a complaint is outside of our jurisdiction, we can

ADDRESS: Dundonald Place, Suite 102, 14 Dundonald Street
assist you by providing information or by referring you
West, Hamilton HM 09, Bermuda
to another body that may be able to investigate the
issues you raise.
HOURS: Monday to Friday from 8:45 a.m. to 5:00 p.m.
If you are dissatisfied with the handling of your
CONTACT: Tel: (441) 296-6541
complaint by the authority, we encourage you to
[email protected]
contact our Office. You can contact us in various ways:
www.ombudsman.bm
by telephone; in person as a walk-in or by appointment;
linkedin.com/company/officeoftheombudsmanbermuda
by email; online through our website; or by letter.
facebook.com/bermudaombudsman
We are here to assist you.

Can’t come to us? No problem!

We can come to you or meet anywhere that is convenient for you. Let us know if you
have any needs that we can accommodate to assist you with making your complaint.

Bermuda Ombudsman Annual Report 2024

26
 STRATEGIC AIM 3:
Expand Our Community Outreach

This strategic aim sits at the heart of everything we do: providing

a service to the community that functions effectively and makes a
meaningful difference. Our work requires that the public has trust
and confidence that our Office will act fairly and with integrity to
find an appropriate solution. Good communication helps to build
good relationships with the public, and that calls for us to engage
regularly with the community, public authorities, and the media.
Bermuda Ombudsman Annual Report 2024
27
PUBLIC & MEDIA ENGAGEMENT

Radio Interviews

We kicked off 2024 with radio interviews on Ocean 89 and

Magic 102.7. We followed up again in October with Power
95 and Magic to coincide with International Ombuds Day
which occurs on the second Thursday of October each
year and provides an additional opportunity to educate
and raise public awareness. We discussed the history and
practices of the Ombudsman’s Office in Bermuda, the
role it plays in the island’s Good Governance regime, the
services it offers, and the value provided.

Westmeath Visit
OA PODCAST APPEARANCE
In February, our team visited Westmeath Nursing Care
Home to serve tea and play bingo with the residents. We In July, the Ombudsman recorded his first-ever
wanted to give back to our community and do something podcast! The Ombudsman Association (OA) in the
a little different. We didn’t make a formal presentation UK covers the UK, Ireland, the British Crown Depen-
about our Office, but there was plenty of interest amongst dencies, and the British Overseas Territories. Mr.
the residents when it came to complaining about DeSilva joined Dónal Galligan, Chief Executive of
government services! We also participated that month the OA, to discuss his reflections on the Ombuds-
in the Mount Saint Agnes Academy career fair. That gave man sector, and the similarities and differences
us a chance to speak to some high school leavers about between different jurisdictions.
a career path in ombuds practice that they might not
ordinarily be aware of. Watch “That OA Thing” podcast here: https://you-
tu.be/Q22hBkmDspg?si=1BuqVBYQOkQzhixI

BBC Interview
questions, hand out flyers and brochures, and encourage
In July, we were interviewed by the BBC’s Gary Foster- public interest in our work.
Skelton shortly after we published our Annual Report for
2023, along with our Special Report, “For the Record: An
Investigation into the Disclosure of Spent Convictions for
Community Group Presentations
U.S. Visa Applications.” You can watch the BBC interview
about our Special Report here: www.facebook.com/ Our Office is available to make presentations to
share/v/1ByGottTEm/ community groups, public authorities and other interested
parties. We aim to educate the public about the work we
do and the positive impacts we try to make. In October,
Pop-ups we presented to members of the Filipino Association
of Bermuda and discussed our role in investigating
We have been holding ‘pop-ups’ since 2023 to meet complaints of maladministration against public
people in the street, advertise our key messages, and authorities. We paid particular attention to the cultural
ask questions about people’s views and experiences sensitivities that can be experienced by non-Bermudian
with the Ombudsman’s Office. We have been setting up contract workers when making complaints against the
in the Washington Mall where we are on hand to answer establishment in a foreign country.

Would you like to schedule a presentation from the Ombudsman’s Office for your community group?
Please call 296-6541, or email [email protected]. This is a free public service!

Bermuda Ombudsman Annual Report 2024

28
SOCIAL MEDIA & ADVERTISING

Two Four One continued to expand our social media

presence in 2024 to reach a wider audience with
messages about what we do and how we do it. You can
follow us on LinkedIn and Facebook. Lovell Technologies
runs our advertisements in locations such as KFC and TCD
where you can watch a short video about our Office. Our
plan is to build our brand, promote awareness of the work
we do, share good news stories from our casework, and
inspire public confidence in our reputation.

SURVEYS & DATA

Our strategic plan calls for surveys and feedback forms to Our sampling of the general public so far suggests that
measure public awareness, confidence, and satisfaction support for our Office is strong amongst those who are
with our performance. We conduct informal surveys at our familiar with us, but we may not be widely recognised
pop-ups, and soon we will engage a local company to in the community — especially if you have not used
conduct formal surveys on an annual basis and compare our services. When asked what factors might prevent
the data over time. someone from making a complaint, two common
answers were that “it takes too long,” and “it won’t make a
What type of information are we looking for? difference.”

• Would you likely make a complaint about a Our community outreach activities intend to close these
government department if you felt dissatisfied? Or gaps by raising awareness of the work we do and making
would something hold you back? sure that anyone who needs our services knows how to
• Do you know what the Ombudsman’s Office does? reach us.
• Do you have confidence that the Ombudsman’s Office
conducts its inquiries with independence, impartiality
and fairness?
• If you have complained to the Ombudsman before,
what was your experience like?

Bermuda Ombudsman Annual Report 2024

29
 STRATEGIC AIM 4:
Establish a Modernisation Programme

Although the Office of the Ombudsman is independent from the

Bermuda Government, it uses public funds to carry out its work.
Accordingly, we are committed to using those funds effectively,
working efficiently, and accounting for our expenditure. As part
of our modernisation programme, our team is working toward an
office environment that maximises the use of technology, is more
productive, and reduces our environmental impact.
Bermuda Ombudsman Annual Report 2024
30
COMPLIANCE

Our Compliance regime comprises a system of measures to assign responsibility for and assessment of compliance
status for each external compliance obligation. Procedures and timelines for achieving compliance are then developed.
We have a number of external compliance obligations to fulfill each year.

Personal Information Protection Act (“PIPA”) Public Access to Information (“PATI”) Act  

The Personal Information Protection Act (“PIPA”) 2016 is The Public Access to Information (“PATI”) Act 2010, which took
a data protection and privacy law that applies to all effect on 1st April 2015, ushered in a new era of transparency
organisations in Bermuda. It provides data protection and for the Government. By making PATI requests, members of
privacy principles, individual rights, and legal obligations the public may exercise their right of access to records held
that organisations have regarding the use, recording, by Bermuda’s public authorities, which in turn can help to
storage, and protection of personal information contained improve administrative practices in the Government.  
in their records.
The Office’s Information Statement aims to make it easy to
During 2024, our Office followed the Privacy Commissioner’s access key information about the Ombudsman’s activities,
“Road to PIPA” implementation plan in order to be ready including:
for the operational date of 1st January 2025. We also • who we are and what we do;
received a PIPA compliance presentation from Appleby • what we spend and how we spend it;
Bermuda in January; we attended the ‘PIPA Unveiled’ event • what our priorities are and how we are doing;  
at City Hall in March; and we attended a training session • how we make our decisions;
with the Government’s PIPA/PATI Unit in October. • our policies and procedures; and  
• lists and registers.  

Some information is restricted by PATI. Records obtained

Deputy Ombudsman Junior
or created by the Office while carrying out our functions
Watts is our Privacy Officer,
are not accessible to the public under section 4 of the PATI
and he can be reached
Act. To obtain a copy of our PATI Information Statement
at 296-6541 or jcdwatts@
(last updated January 2024) and learn about records that
ombudsman.bm.  
can be made available to the public, stop by our Office or
visit our website to download it.

Investigations Officer Aquilah

Fleming is our Information
Officer, and she can be reached
at 296-6541 or asfleming@
ombudsman.bm.  

Download our PATI Information Statement at:

ombudsman.bm/wp-content/uploads/2023/01/2022-Ombudsman-Information-Statement.pdf

Bermuda Ombudsman Annual Report 2024

31
COMPLIANCE

Annual Audit by the Office of the Auditor General (“OAG”) Occupational Safety and Health Act (“OSHA”)  

Section 23(4) of the Ombudsman Act 2004 requires that The Occupational Safety and Health Act (“OSHA”) 1982,
the accounts of the Ombudsman shall be audited and and the accompanying 2009 Regulations, establish
reported on annually by the Office of the Auditor General a legislative framework in which employers have a
(“OAG”), and for that purpose the Auditor General or any duty to ensure, as far as is reasonably practicable, the
person authorised by her in that behalf shall have access health, safety, and welfare at work of all employees.
to all books, records, returns and other documents relating The legislation requires that accidents and dangerous
to such accounts. occurrences must be investigated and reported to a
Safety and Health Officer at the Department of Health
Our audit report for FY 2022/23 was received on 14th Octo- (“the Department”).
ber 2024. The Auditor General reported, “In my opinion, the
accompanying financial statement presents fairly, in all Employers who have ten or more persons employed are
material respects, the results of operations of the Office of also required to establish a Safety and Health Committee
the Ombudsman for Bermuda for the year ended March that deals with complaints, investigates accidents, makes
31, 2023 in accordance with public sector accounting recommendations for safety improvements, provides
standards generally accepted in Bermuda and Canada.” training and advice, and maintains records. All employers,
regardless of the size of the organisation, are required to
Since its inception in 2005, our Office has received the submit an annual report to the Department that sets out
same audit opinion, demonstrating consistent financial the number of accidents, dangerous occurrences, and
responsibility over a sustained period. minor injuries that occurred.  

With only six employees, the Office of the Ombudsman

is not required to have an OSHA Safety and Health
Ombudsman Association (UK) Validation
Committee. Instead, safety and health issues are
The Ombudsman Association (“OA”) in the UK is a discussed and decided at our regular team meetings. Our
membership body for ombudsman schemes and other annual return to the Department reported that we did not
complaint handling bodies. Its criteria and standards experience any accidents or injuries during 2024.  
are recognised as industry best practice. The OA was
established in 1993 and our Office has been a member
since 2012.

Our Office spent much of 2024 preparing for a re-validation

of our membership with the OA. This is an assessment
process of our policies, procedures and practices. The
OA assesses each of its members’ standards against the
OA’s published guidance on caseworker competency
framework, service standards framework, principles of
good governance, and principles of good complaint
handling. The OA then awards re-validation (or validation
for new members) once the Office has demonstrated that
it applies the OA’s standards to its own casework.

At the close of 2024, our Office was working towards

submitting its application for re-validation in March 2025..

Bermuda Ombudsman Annual Report 2024

32
POLICY & STANDARDS

Our Policy and Standards regime comprises a combination of written policies, procedures, protocols, guidelines,
standards, and manuals. Collectively referred to as “policies,” these documents provide direction to our team,
ensure that our operations are compliant with local laws and regulations, provide good practices that are based on
international standards, and support the mission of the Office.

Complaint Handling and Investigation Process (“CHIP”)

Manual DEMONSTRATING ACCOUNTABILITY

The Complaint Handling and Investigation Process For the purpose of the Government’s Financial
(“CHIP”) Manual is the core policy document that drives Instructions, the Ombudsman is the Accounting
our casework. CHIP establishes the procedures for dealing Officer for the Office. He ensures that all expenditure
with complaints from the moment of intake to the final is in line with Financial Instructions and that
investigation report, and everything in between. Through accounts are kept, maintained, and reported
the standardisation of our processes and templates, we annually as prescribed by the Accountant General.
provide greater consistency in the approach to our cases,
increase the efficiency of our team, and improve the pace Our Spending
at which we manage our caseload. Significant work was
done by our team to complete this project in 2024. Our approved budget for FY 2024/25 was $1,049,581.
The funds were allocated as follows:

• Salaries: $740,399 (70.5%)

Government Service Standards Policy (“SSP”) • Rent & Office Maintenance: $118,349 (11.3%)
• Legal & Consulting Services: $69,000 (6.6%)
Early in 2022, the Cabinet Office and the Head of the Public
• Administration & Outreach: $58,550 (5.6%)
Service approved the Government’s Service Standards
• IT Network & Phones: $35,436 (3.3%)
Policy (“SSP”). Customer service training aligned with the
• Training & Conferences: $27,847 (2.7%)
standards was rolled out during 2023. The objective of the SSP
is to establish a level of service expected from Government Figure H provides a further breakdown of our
Departments to ensure that public officers meet client/ spending during 2024.
customer needs and expectations. The standards represent
the type of conduct and service delivery that the Government
wishes to adopt to better serve its clients/customers. The goal Figure H: budget allocation for FY 2024/25
is to “promote a culture of service management excellence.”
3.3% 2.7%
The central standard of the SSP is to treat all clients/
customers with dignity and respect, while being courteous 5.6%
and professional when providing services. Other standards
include consistent hours of operation; timeframes to answer 6.6%
emails, voicemails, and correspondence; answering phone
calls and taking messages; processing applications and other
11.3%
documents; maintenance of offices and government facilities;
and inter-departmental communication and cooperation. 70.5%

Our Office has found the SSP to be a helpful reference

when discussing complaints with authorities. For example,
“unreasonable delay” is a type of maladministration listed
in the Ombudsman Act 2004, but it is not defined. The term
takes on more context when it is explained against the
Service Standard that requires emails to be answered within
one business day. Accordingly, our Office has adopted the
SSP into our own office procedures, notwithstanding we are
independent of the Government. If we are going to hold
authorities to the Service Standards Policy, then it is right that
we are held to the same standards.
Bermuda Ombudsman Annual Report 2024
33
POLICY & STANDARDS

Performance Measures

All Government Departments, including the Non-Ministry Departments (such as the Ombudsman, Information
Commissioner, Auditor General, Parliamentary Registrar, etc.) must report annually on their performance measures
contained in the Government’s Approved Estimates of Revenue and Expenditure (the “Budget Book”). Our Office submitted
the following performance measures for FY 2024/25:

Actual Original Revised Target

MEASURE/INDICATOR OUTCOME FORECAST FORECAST OUTCOME
2022/23 2023/24 2023/24 2024/25

1. ENHANCE THE IMPACT OF OUR WORK

Percentage of enquiries (non-complaints) responded to Discontinued 90% Discontinued Discontinued

within 5 days of initial contact

Percentage of complaints outside of jurisdiction that are Discontinued 90% Discontinued Discontinued
declined (with value added) within 5 days of intake

Percentage of complaints suitable to progress beyond Discontinued 70% Discontinued Discontinued

intake, where inquiries started within 10 days of intake

Percentage of investigations that comply with timelines n/a 70% n/a 70%
prescribed in the Complaint Handling & Investigations
Policy

Number of complaint handling workshops and meetings Discontinued 4 Discontinued Discontinued

facilitated for public service and targeted groups

Number and type of “how we work” information 2 4 28 12

published about our service (website/social media
postings)

Number of information sessions about our service 1 4 1 4

delivered to the public sector

Number of engagements with local / international n/a 4/4 2/9 4/4

colleagues to exchange information and discuss best
practice

Number of internal progress reports and review of our Discontinued 52 Discontinued Discontinued
complaint handling performance

Percentage of compliance with outside body reporting 100% 100% 80% 100%
obligations (PATI, PIPA, Annual Report, Audit, etc.)

Percentage of cases where improvement-focused Discontinued 50% Discontinued Discontinued

general discussions are employed to facilitate early
resolution

Percentage of monitor/follow up within 90 days 100% 100% 100% 100%

after recommendations have been made following
investigation

Number of internal education sessions to enhance staff Discontinued 12 Discontinued Discontinued

skills and develop a learning culture

Number of meetings, per staff member, for Discontinued 12 Discontinued Discontinued

development discussions (appraisal, one-to-one,
forward planning, etc).

Bermuda Ombudsman Annual Report 2024

34
POLICY & STANDARDS

Actual Original Revised Target

MEASURE/INDICATOR OUTCOME FORECAST FORECAST OUTCOME
2022/23 2023/24 2023/24 2024/25

2. EXTEND OUR ACCESSIBILITY

Number of information sessions about our service 3 4 4 4

delivered to community groups

Percentage of service-users surveyed to capture data n/a 100% 0% 100%

on their demographics

Number of engagements to reach groups that may not Discontinued 4 Discontinued Discontinued
already have easy access to our services

Percentage or cases where special measures are used Discontinued 100% Discontinued Discontinued
to accommodate mobility, health or interpreter needs

Percentage of electronic / printed Office information 50% 100% 50% 100%

published for non English speakers and persons with
disabilities

3. EXPAND OUR COMMUNITY OUTREACH

Number of engagements with media about our current 1 4 3 4

activities and other information of public interest

Number of informal public information engagements n/a 4 3 4

(“pop-ops”)

Number of updates on our current activities and other 2 26 28 26

information of public interest posted via social media

Percentage of surveyed public that reports overall n/a 50% 61% 50%
awareness of the work our office does

Percentage of surveyed public that reports overall n/a 60% 62% 60%
satisfaction with our office

Bermuda Ombudsman Annual Report 2024

35
SUPPLEMENTARY RESOURCES

Complaint Process FAQs

What can you do once I make a complaint? • an omission or a delay be rectified.
• a decision or recommendation be cancelled or
After you make a complaint, our Office may do any of the
altered.
following:
• reasons be given for actions and decisions.
• a practice, procedure or course of conduct should
1. R
 efer you to a more appropriate authority, if there is
be altered.
a more appropriate remedy still available to you.
• a statute or regulation should be reviewed.
 ake preliminary inquiries with the authority you
2. M • improvements be made to practices, procedures
complain about. We will seek to clarify the issues of and policies.
your complaint and, if possible, assist in resolving it • a financial payment be made.
without an investigation.
It is also possible that even if the Ombudsman makes
 onduct a full, confidential investigation, by
3. C
a finding of maladministration, he does not make any
reviewing all relevant documentation and gathering
recommendations.
evidence (under oath if necessary). We may
investigate if the complaint subject is complex, facts
are in dispute, or the Ombudsman determines he
must decide whether or not an authority’s action What kind of financial payments can the
constitutes maladministration. Ombudsman recommend?
4. M
 ediate a complaint if we decide this is
appropriate. The Ombudsman can recommend financial consolation
and financial compensation payments.
5. D
 ecline your complaint as being outside of our
jurisdiction because either: A financial consolatory payment is an ex-gratia
• the action complained about is something we payment that signifies the Ombudsman’s conclusion
cannot investigate; or that an apology does not sufficiently address the
maladministration found. The aim of a consolation
• the authority you have complained about is payment is to console a complainant and not to
not one we can investigate. compensate a complainant for a financial loss.

We may also decline your complaint if it is lodged with our A financial compensation payment is used to restore
Office more than a year after you became aware of the the complainant to the position they were in before the
issue you are complaining about, or the Ombudsman has maladministration occurred.
determined that your complaint is frivolous. If we decline
your complaint, we may refer you to another body which Both forms of financial remedy are rarely recommended
may be able to assist you. and can only be recommended after a finding of
maladministration. Unlike the Courts, the Ombudsman’s
recommendations are not binding or enforceable.

What happens if you investigate my complaint?

If we investigate a complaint, the Ombudsman will make Can I complain to the Ombudsman instead of
findings based on the evidence he has reviewed. He may
taking an authority to Court to receive payment?
determine the evidence does not support a finding of
maladministration on the part of an authority. If he does so, In most cases when complainants are seeking a financial
he is not likely to take any further action. payment from an authority, the complainant can pursue
this payment in the Courts or with a tribunal. We cannot
The Ombudsman may determine the evidence reviewed
investigate complaints until either: a) the Court or
supports a finding of maladministration. If he finds that
tribunal’s process the complainant has the right to pursue
there was wrongdoing by the authority, he may make
is complete; or b) the time limit for exercising that right
recommendations as he sees fit. Recommendations may
has expired. We will usually decline these complaints and
include that:

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36
SUPPLEMENTARY RESOURCES

suggest that the complainant speak with a lawyer. example, it is unlikely the Ombudsman will award financial
compensation for distress or for pain and suffering.
The Ombudsman does have the discretion to investigate
a complaint which otherwise would be pursued with a A consolation payment can range from $50 – $5,000,
tribunal or in the Courts. However, this discretion is only depending on the severity of the maladministration
exercised when it would not be reasonable to expect the found; the amount of the payment is determined at
complainant to pursue their claim in the Courts or with a the Ombudsman’s discretion. When deciding whether
tribunal. a complainant should be financially compensated,
the Ombudsman considers questions such as: Has
the complainant suffered a financial loss as a result of
maladministration? Is the loss quantifiable?
What does the Ombudsman consider when
deciding to recommend a financial remedy?

Each recommendation is decided on a case-by-case

basis. The Ombudsman is unlikely to recommend financial
compensation for unquantifiable or intangible losses. For

COMPLAINT STAGES

STAGE PURPOSE

Intake Receive and record cases as well as assess our jurisdiction to assist

Preliminary Inquiry Gather and assess information and documents to determine whether or not to investigate a
complaint of maladministration

Early Resolution Promote resolution of the issues identified by (re-) establishing direct and clear communication
between the complainant and the authority, along with potential solutions, as soon as possible after
receipt of the complaint

Mediation Promote resolution of the issues identified by facilitating a formal meeting (or series of meetings)
between the complainant and the authority

Outcome Review Assess whether to uphold the complainant’s request for a review of a decision not to investigate

Pre-Investigation Assess whether the matter should be investigated and further review any potential challenges our
Office may face in carrying out an investigation. Also carry out initial planning (investigation sub-
stage 1)

Investigation Gather and assess the evidence necessary to determine whether or not to uphold a complaint of
maladministration, through formal and informal means of evidence gathering (investigation sub-
stage 2)

Post-Investigation Issue Draft Investigation Report to parties for their input, before finalisation (investigation sub-stage
3)

Investigation Conclusion Receive and assess Authority’s statutory response to Final Investigation Report (investigation sub-
stage 4)

Implementation Review Follow up on the Authority’s implementation of recommendations in Final Investigation Report
(investigation sub-stage 5)

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37
COMPLAINT DISPOSITIONS
Dispositions help explain why and at what point in our process we have closed a case. Here is a description of each
category with reference to the relevant sections of the Ombudsman Act for guidance on our definitions.

DISPOSITION WHAT IT MEANS

Abandoned Complainant did not provide sufficient contact information or respond to our attempts to make contact
(see s.9(2)(a) re decision not to investigate).

Closed After We decided not to proceed with the complaint after making inquiries or based on an initial assessment
Inquiries because: (a) the issues within jurisdiction were adequately addressed; or (b) the questions we raised to
the authority were sufficiently answered (see s.8 re preliminary inquiries). We may have used alternative
resolution techniques (see s.10 re mediation; and s.8 re preliminary inquiries). We also may have made
general suggestions to assist the authority in improving its processes.

Closed At the conclusion of a formal investigation, the Ombudsman made findings of maladministration, and the
Maladministration authority provided its statutory response (see s.15(3) re procedure after investigation; and s.16 re authority
to notify Ombudsman of steps taken).

Closed Mixed At the conclusion of a formal investigation, the Ombudsman made findings of maladministration and
Maladministration no maladministration, and the authority provided its statutory response (see s.15(3) re procedure after
investigation; and s.16 re authority to notify Ombudsman of steps taken).

Closed No At the conclusion of a formal investigation, the Ombudsman made findings of no maladministration (see
Maladministration s.15(1) re procedure after investigation).

Closed - Settled We decided not to proceed with the complaint during preliminary inquiries or investigation because the
issues were successfully resolved and adequately addressed. (see s.9(2)(c) re decision not investigate)

Declined Issues raised were outside of our jurisdiction because of the subject matter and/or body complained of
(see s.6(1)(3) and the Schedule re actions not subject to investigation). Or, issues raised may have been
within jurisdiction but were out-of-time (see s.9(1)(a) re decision not to investigate) or determined to be
frivolous (see s.9(1)(c) re decision not to investigate). In these cases, we may have declined outright or
made inquiries to establish jurisdiction (see s.8 re preliminary inquiries). We make no suggestion as to
potential redress because there likely is none at present.

Declined and Issues raised were outside of our jurisdiction because of the subject matter and/or body complained of (see
Referred s.6(1)(3) and the Schedule re actions not subject to investigation). Or, issues raised may have been within
jurisdiction but were out-of-time (see s.9(1)(a) re decision not to investigate). We may have made inquiries
to establish jurisdiction and/or determine whether there were other forms of redress available (see s.8 re
preliminary inquiries). These inquiries may have included general or specific questions about the issues. We
determined that there were other ways for the complainant to seek redress and provided information to the
individual on possible next steps (see s.9(1)(b) re decision not to investigate – alternative remedies).

Deemed Complaint subject matter and authority were in jurisdiction, but the person had not yet complained to that
Premature authority or had not yet exhausted that authority’s existing complaint handling procedure. In these cases,
we could have made inquiries, but it probably meant getting ahead of ourselves. The authority complained
of was always the authority that the complaint should have been raised with.

Enquiry Person contacted us to seek information, not necessarily to complain, with questions about an authority’s
processes and/or our services. Person may have been aware that there were other steps to pursue before
complaining to us. This may have included complaint letters addressed to authorities or other bodies that
were copied to us.

Informally Complaint was resolved between the authority and the complainant with informal intervention from us.
Resolved We may have facilitated resolution by making brief, informal enquiries that prompted the authority’s action
and/or by coaching the complainant on how to approach the authority (see s.9(2)(c) re decision not to
investigate – settled; and s.8 re preliminary inquiries).

Referred Complaint subject matter and authority were in jurisdiction, but there was a more appropriate remedy still
available to the complainant (see s.6(1) and (2) re restrictions on jurisdiction to investigate). Complainant had not
raised the issue with the correct authority or had not yet exhausted the authority’s complaint handling procedure,
and we determined that it was necessary and fair for the complainant to give the authority adequate opportunity
to address the issues raised (see s.9(1)(b) re decision not to investigate – alternative remedies).

Signposted Complaint subject matter and/or body complained of were not within our jurisdiction, and we suggested
the complainant contact a body not within our jurisdiction.

Withdrawn Complainant requested that we take no further action on the complaint. This may have been done at any
stage during the process (see s.9(2)(b) re decision not to investigate).

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ASSESSING GOOD ADMINISTRATION

Ombuds offices worldwide benefit from shared tools and guidance on assessing public bodies’ actions. In our
complaint handling and investigation work, we routinely refer to the “Principles of Good Administration” published by
the UK Parliamentary and Health Service Ombudsman in 2007. These guiding principles provide clear and succinct
language for defining good administrative practices. We also routinely describe those principles in our presentations
and correspondence to authorities regarding their complaint handling.

There are other useful resources for guidance on what Also, for structured guidance to reflect on other
administrative fairness means. These publications are complaint-handling practices, we refer you to:
based on decades of experience investigating complaints.
We share this information to promote an understanding of • “Good Practice Guide to Dealing with Challenging
how our Office will consider cases and how we will assess Behaviour” from Australia’s Victorian Ombudsman
the authorities’ delivery of service to the public. Here is (2018)
our updated list of resources for exploring what good
• “Managing Unreasonable Complainant Conduct
administration means:
Practice Manual” from Australia’s New South Wales
• “Fairness by Design: An Administrative Fairness Ombudsman (2012)
Self-Assessment Guide” from various Canadian
• “Being Complained About – Good Practice Guidelines”
Ombudsman offices in collaboration (2019)
from the University of Glasgow and Hirstworks (with
• “Good Conduct and Administrative Practice: input from the Scottish Public Services Ombudsman)
Guidelines for State and Local Government” from (2019)
Australia’s New South Wales Ombudsman (2017)
• “Complaints: Good Practice Guide for Public Sector
• “Principles of Good Administration and Good Agencies” from Australia’s Victorian Ombudsman
Records Management” from Wales’ Public Services (2016)
Ombudsman and Information Commissioner’s Office
• “Complaints Improvement Framework” from the
in collaboration (2016)
Scottish Public Services Ombudsman (2017)
• “Administrative Fairness Guidebook” from Canada’s
• “Effective Complaint Handling Guidelines” from
Alberta Ombudsman (2013)
Australia’s New South Wales Ombudsman (2017)
• “Defining Fairness in Local Government” from the
• “Effective Complaints Management Self Audit
Ombudsman Toronto (2013)
Checklist” from Australia’s Queensland Ombudsman
• “Principles of Good Complaint Handling” from the UK (2006)
Parliamentary and Health Service Ombudsman (2008)

• “Principles for Remedy” from the UK Parliamentary and

Health Service Ombudsman (2007)

• “A Guide to Principles of Good Complaint Handling”

from the Ombudsman Association (2007)

• “Code of Administrative Justice” from the British

Columbia Office of the Ombudsman (2003)

If you are unable to locate any of these resources online,

please contact our Office for a copy.

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39
For the Good and Those Who
of the Public Serve the Public

OMBUDSMAN FOR BERMUDA

Dundonald Place, Suite 102, 14 Dundonald Street West, Hamilton HM 09, Bermuda

TEL 441-296-6541 | www.ombudsman.bm | [email protected]

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