PacLII Home | Databases | WorldLII | Search | Feedback

Solomon Islands Ombudsman's Reports
You are here:  PacLII >> Databases >> Solomon Islands Ombudsman's Reports >> 2011 >> [2011] SBOM 2

Database Search | Name Search | Recent Decisions | Noteup | LawCite | Download | Help

One way Traffic - Systematic Issues Arising in Education Related Complaints Registered with the Ombudsman [2011] SBOM 2; Investigation Report 02.2010 (1 July 2011)

SPECIAL REPORT NO: 05/11 –INVESTIGATION REPORT NO: 02/10


ON A REPORT OF


INVESTIGATION INTO SYSTEMIC ISSUES ARISING IN EDUCATION RELATED COMPLAINTS REGISTERED WITH THE OMBUDSMAN.


TABLE OF CONTENTS


ITEM
PAGE


Investigation Report Cover – Investigation Report No: 02/10
11


A. OMBUDSMAN’S INTRODUCTION
12


1. Authority
12


(i) Legislative Mandate
12
Vision
Mission
12
12
(ii) Functions
12


2. Change of Focus
13
3. Own Motion and Systemic Investigations
13
4. Number of complaints and rate of compliance
13
5. Problems detected.
14
6. Non responsiveness by Education Authorities to the Ombudsman
14
7. Investigation Report
14


  1. OMBUDSMAN’S CONCERN FOR PARLIAMENT TO TAKE NOTE OF
15


1.0 Foreword
16
2.0 Executive Summary
17
Agency non-responsiveness
Ineffective Communications
Inadequate Records Management
Deficient Human Resources and Payroll Systems
Unfair and Unreasonable Delay
Unfair or Unreasonable Decision-making
Failure to Provide Reasons
18
18
19
19
20
20
20
Conclusions
21


PART 1:
INTRODUCTION
21


PART 2:
SYSTEMIC ISSUES
23


PART 2.1
DETECTIVE OR FLAWED AGENCY PROCESSES, SYSTEMS AND CULTURE
23



ISSUE 1 “ONE-WAY TRAFFIC “– AGENCY NON-RESPONSIVENESS
23


Recommendation 1
Education authorities and officials should respond in a prompt and timely manner to Ombudsman investigative inquiries.
25
Recommendation 2:
Senior education leadership should support the Ombudsman Focal Point initiative as a way of ensuring prompt and timely replies to Ombudsman investigative inquiries.
26
Recommendation 3:
Senior education leadership should, wheneve and wherever possible, give serious consideration to the implementation of formal Ombudsman recommendations
26



ISSUE 2 “UINO GAREM PLAN”- INEFFECTIVE COMMUNICATION
26


Case Study 1:
Letters of Offer of Appointment
27
Case Study 2:
Demotion after re-leveling exercise
27
Case Study 3:
Teachers- in- Training
28


Recommendation 4:
Senior education leadership should ensure that effective communications are a key agency priority and are supported by suitable policies and procedures.
29
Recommendation 5:
Administrative manuals that provide and procedures, must be accessible, available and current.
29
Recommendation 6:
Key initiatives, programs, policies and procedures must be communicated clearly and promptly to staff, including the provision of training where appropriate and practicable.
29



ISSUE 3
“WEANAO HEMI BEN GO” – INADEQUATE RECORDS
MANAGEMENT
30


Case Study 4:
Failure to pay an allowance
30
Case Study 5:
Delayed transfer action and lack of access to procedural information
31
Case study 6:
Prolonged suspension and inadequate document management
32
Recommendation 7:
Regular monitoring and review of agency actions – especially decision-making – should occur to ensure they are consistent with agency legislation, policy and procedures where they are not, staff should be further trained where appropriate and practicable.
33
Recommendation 8:
Senior leadership must make it part of an agency culture that professional an efficient record management practices underpin the administrative actions of the agency.
33
Recommendation 9:
To the extent practicable, agency staff must be trained and supported in good record management practices that accurately record information.
33



ISSUE 4
“WEA NAO SELENI BLONG MI” – DEFICIENT HR AND PAYROLL SYSTEMS
33



Case Study 7:
Delay in Payment of Salary
35
Case Study 8:
Uncertainty in Payment of Travel Allowance
36


Recommendation 10:
Senior education leadership should demonstrate commitment to ongoing improvement and compliance with merits-based procedures, and undertake the regular review and oversight of HR and payroll administration.
36
Recommendation 11:
Education authorities should try to simplify processes where appropriate and applicable, and provide further training, guidance and support for staff.
37



PART 2.2
THEMATIC ISSUES IN SPECIFIC ACTIONS OR
DECISIONS
37



ISSUE 5
“BAE IU KAM BAK TOMORO” - UNFAIR AND UNREASONABLE DELAY
37



Case Study 9:
Prolonged probation


Recommendation 12:
Senior education leadership should undertake strong oversight and monitoring role to facilitate prompt follow-up and remedial action as a way of preventing unnecessary an avoidable delay.
38
ISSUE 6
“HEMI NO FAIR NOMOA”” - UNFAIR OR UNREASONABLE DECISION-MAKING
38



Case Study 10:
Wrongful Cessation of Salary
39
Case Study 11:
Unreasonable demotion for inappropriate or irrelevant Reasons
40
Case Study 12:
Unfair termination for inappropriate or irrelevant reasons
41


Recommendation 13:
Senior education leadership should, to the extent that budget funding permits, facilitate staff training in principles of good administrative decision-making, with a particular focus on the application of policy and guidelines when making administrative decisions
42



ISSUE 7:
MI NO SAVE TING TING BLO IU – FAILURE TO PROVIDE REASONS
42



Case study 13:
Unfair decision not explained or justified
42


Recommendation 14:
Whenever possible and practicable, education Officials should, as a matter of good administrative practice, provide reasons for their actions and decisions to those adversely affected
43



PART 3
CONCLUSIONS AND RECOMMENDATIONS
44


Recommendation 1:
Education authorities and officials should respond in a prompt and timely manner to Ombudsman investigative inquiries
44



Recommendation 2:
Senior education leadership should support the Ombudsman Focal Point initiative as a way of ensuring prompt and timely replies to Ombudsman investigative inquiries.
45



Recommendation 3:
Senior education leadership should, whenever and wherever possible, give serious consideration to the implementation of formal Ombudsman recommendations.
45



Recommendation 4:
Senior education leadership should ensure that effective communications are a key agency priority and are supported by suitable policies and procedures
45



Recommendation 5:
Key initiatives, programs, policies and procedures must be communicated clearly and promptly to staff, including the provision of training where appropriate and practicable.
45



Recommendation 6:
Regular monitoring and review of agency actions – especially decision-making – should occur to ensure they are consistent with agency legislation, policy and procedures. Where they are not, staff should be further trained where appropriate and practicable
46



Recommendation 7:
Senior leadership must make it part of an agency culture that professional and efficient record management practices underpin the administrative actions of the agency.
46



Recommendation 8:
To the extent practicable, agency staff must be trained and supported in good record management practices that accurately record information.
46



Recommendation 9:
Senior education leadership should demonstrate commitment to ongoing improvement and compliance with merits based procedures, and undertake the regular review and oversight of HR and payroll administration.
46



Recommendation 10:
Education authorities should try to simplify processes where appropriate and applicable, and provide further training, guidance and support for staff
47



Recommendation 11:
Senior education leadership should undertake strong oversight and monitoring role to facilitate prompt follow-up and remedial action as a way of preventing unnecessary and avoidable delay
47



Recommendation 12:
Senior education leadership should, to the extent that budget funding permits, facilitate staff training in principles of good administrative decision-making, with a particular focus on the application of policy and guidelines when making administrative decisions
47



Recommendation 13:
Whenever possible and practicable, education officials should, as a matter of good administrative practice, provide reasons for their actions and decisions to those adversely affected.
47



PART 4
NATURAL JUSTICE COMMENTS AND AGENCY
48


(i) Letter to Agencies – Natural Justice Comments
48
(ii) Agency Responses
48


PART 5: OMBUDSMAN’S CONCLUSION
48


PART 6: CERTIFICATION
49


LIST OF APPENDIX
50


Appendix “1” (A): High Court Decision - Pacific Architects Ltd v Commissioner of Lands [1997] SBHC 10; HC-CC 175 of 1995 (14 March 1997)
51


Appendix. “1” (B): High Court Decision - Maesimae v Trade Disputes Panel [1998] SBHC 51; HC-CC 281 of 1997 (27 March 1998)
57
Appendix. “2”: Education Systemic Issues
60
Appendix. “3”: Standard section 10 Letter issued to Authorities to be investigated
62
Appendix. “4” Section 9 Letters issued to Provincial Education Authorities
64


  • Annex. A letter to Chief Education Officer (Central)
65


  • Annex. B Letter to Chief Education Officer (Choiseul)
67


  • Annex. C Letter to Chief Education Officer (Guadalcanal)
69


  • Annex D Letter to Chief Education Officer (Honiara)
71


  • Annex E Letter to Chief Education Officer (Isabel)
73


  • Annex F Letter to Chief Education Officer (Makira)
75


  • Annex G Letter to Chief Education Officer (Malaita)
77


  • Annex H Letter to Chief Education Officer (Renbel)
79


  • Annex I Letter to Chief Education Officer (Temotu)
81


  • Annex J Letter to Chief Education Officer (Western)
83

“ONE-WAY TRAFFIC”


A REPORT OF MY INVESTIGATION INTO


SYSTEMIC ISSUES ARISING IN EDUCATION RELATED COMPLAINTS


PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/sb/cases/SBOM/2011/2.html