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
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