Why the ombudsman does not promote public trust in government: lessons from the Low Countries

Abstract

Most public sector ombudsmen claim that their work will strengthen or restore citizen's confidence in government. However, empirical research provides little support for this assumption. Based on studies from Belgium and the Netherlands, this article offers two explanations for this limited effect. First, it will be argued that (Dutch) administrative law is based on three ‘mythical images’ of the average complainant. Because these images do not correspond with reality, many people feel alienated from the ombudsman. Second, although the ombudsman aims to reach all types of citizens, most complainants are highly educated, white-collared, politically interested men. Yet the ombudsman is less successful in reaching people who are critical about politics and the justice system. Building on these findings from the Low Countries, the article ends with several suggestions which may help increase the potential of the ombudsman in all countries to promote public trust in government.

Keywords:

• public trust
• ombudsman
• administrative justice

Notes

1. An earlier version of this article was presented at the annual conference of the Socio-Legal Studies Association (SLSA), Leicester, April 2012. I would like to thank all participants in the ‘administrative justice stream’, Richard Kirkham and an anonymous referee for their useful comments and suggestions.

2. A value of 1 implies that, for all data, the level of trust increases as the level of satisfaction with the ombudsman increases. A value of 0 implies that there is no linear correlation between both variables.

3. Nota ‘Andere overheid’, Kamerstukken II 2003/04, 29 362, nr. 2, p. 5.

4. This section builds on Hertogh (2007).