The engagement, the agreement, and clear responsibilities
The agreement with the organization defines the external ombudsperson’s responsibilities. Information provided to whistleblowers must accurately reflect that engagement.
Who is the client?
In the traditional ombuds model, the organization engages the attorney. Whistleblowers benefit from contractual safeguards without becoming personal clients simply by making a report. These safeguards include clear rules about what information the organization receives and how a reporting person’s identity is protected.
Reporting persons must therefore not be led to believe that the ombudsperson also represents their personal claims against the organization. Conflicts of interest must be assessed before and throughout the handling of a report.
What role does the law firm assume?
- Confidential reporting contact: receiving reports confidentially, assessing them legally, and sharing information as agreed.
- Part of the reporting procedure: performing individual tasks with clearly defined handoff arrangements to the responsible internal reporting office.
- An internal reporting office operated by an outside third party: performing the agreed statutory functions, including assessment, follow-up action, and feedback.
Simply adopting the title “ombudsman” does not fulfill statutory obligations. What matters is the procedure established, the expertise, the independence, and the actual allocation of responsibilities.
What should be agreed before the service starts?
- The organizations, groups of people, and subject areas covered.
- Reporting channels, availability, backup arrangements, and feedback.
- Confidentiality, permissions to disclose, and handling statutory exceptions.
- Responsibility for follow-up action, including reports concerning management.
- Data protection, documentation, access, and deletion.
- Fees, reports, and regular review of the procedure.