How can I file a complaint?
You can find this information in this web site (I want to file a complaint).
Does the Síndic provide a free service?
Yes, completely free for all those citizens who file a complaint in this office. People who address us will not need a lawyer nor a legal representative.
What does your office do once you have received a complaint?
You can find this information in this web site (Procedures we follow after receiving a complaint).
What are "pleadings" and how can I make them?
Once we have received the report from the administration, after our request, we send it to the citizen for his knowledge. We call "pleadings" to the statement made by the citizen after receiving the administration report in order to be incorporated in his/her case. So he/she will have the chance to show us his/her agreement or disagreement with that reported by the administration.
Can I appeal Síndic's decisions in case I do not agree with them?
No. According to the law regulating the Síndic de Greuges, his decisions cannot be appealed. Nevertheless, citizens can always present new documents or circumstances that will be taken into consideration.
Are Síndic's decisions binding on the Administration?
No. It is mandatory for the administration to reply to the Síndic's request, within a month, stating whether they accept or not our recommendations. In case they reject them, they should state the reasons for their negative response. After that, we will inform to the interested party both the findings of our investigation and the Administration response. Moreover, the Síndic presents once a year his Annual Report to the Corts Valencianes (Valencian Regional Parliament) where he reports those decisions accepted by the Administration.
Can the Síndic act as the Children's Ombudsman?
Yes, nowadays he can. The Ley de Protección Integral de la Infancia de 2008 (law passed in 2008 related to children protection) envisages the establishment of a new children's ombudsman, called here Pare d'Orfens, who will be responsible for children's rights promotion and defence within the Valencian Community. However, this institution has not come into effect yet.
In the meanwhile, the Síndic de Greuges, as human right ombudsman, assumes the defence of children's rights, dealing with cases of infringement or violation of their rights. Even so, we cannot act in particular cases where solution is pending in Justice Courts (for example, divorce or custody).
I have a problem with the electric company, or telephone company, etc. Can the Síndic help me?
Yes, but in these cases, it is essential that before filing a complaint in this office, the citizen should have gone to the Administration involved, since the Síndic cannot supervise actions of private companies.
Therefore, the interested party should make a complaint, firstly to the customer attention service of the company in question and, subsequently, address to the Administration involved, for instance to the Dirección General de Energía, in case you have a problem with the electric supply, or to the Secretaría de Estado de Telecomunicaciones, when the problem is related to the telephone service. The Síndic will be able to consider your case if there is a lack of response from the Administration or any other circumstance relative to its running.
I do not agree with a judicial judgment. Can the Síndic appeal this decision?
No. The Spanish Constitution safeguards the judicial independence principle which provides that justice is administrated only by courts and tribunals. According to the Ley Reguladora del Síndic (Síndic's regulatory law), the Síndic cannot investigate those cases pending judgement. If you want to appeal a court decision you will have to lodge a judicial review according to the procedural laws.
However, you can file a complaint against the running of Justice Administration (for example, delay in the judicial processing).
I have to lodge an administrative remedy. Can the Síndic make it for me?
No. We are not allowed to give judicial advice to citizens, and therefore, we are not allowed to appeal traffic fines or any other administrative resolution. However, you can file a complaint in our office when the Administration does not decide specifically, in due time and form, the remedies you have lodged.