Who has the right to submit a complaint to the Ombudsperson for Child's Rights?
Every individual or legal person has the right to apply to the Ombudsperson for Child's Rights. The child may also apply to the Ombudsperson for Child's Rights himself.
Anonymous complaints, as well as complaints submitted after the expiry of the term of 1 year from the commission of the actions complained of, shall not be considered, unless the Ombudsperson for Child's Rights decides otherwise.
Complaint submission fundamentals.
Republic of Lithuania Law on the Ombudsman for Children gives the Ombudsperson for Child's Rights the right to investigate complaints not only about the activities of state, municipal employees or officials, but also about actions or omissions of private companies, non-state institutions without organizations and even private individuals:
- which violate the provisions of legislation governing the protection of the rights and legitimate interests of the child;
- which violate or are likely to violate the rights or legitimate interests of the child.
When does the ombudsperson have the right to refuse to deal with a complaint received?
The Ombudsperson for Child's Rights shall refuse to examine a complaint if:
- the subject of the complaint does not comply with the fundamentals for filing the complaint;
- the complaint has been filed after the deadline for submission of the complaint, if the Ombudsperson for Child's Rights does not decide that the complaint may be examined;
- the subject matter of the complaint falls within the competence of other state authorities or management and control institutions;
- the same subject-matter of the complaint is the subject of criminal proceedings, a preliminary investigation, court proceedings or a procedural decision to close the case, or the complaint has already been examined by a court or other control authority.
The applicant shall be informed of the refusal to examine the complaint and the fundamentals for the refusal no later than within 10 working days from the day of receipt of the complaint.
If the specified circumstances become clear during the investigation of the complaint or if the applicant fails to provide the Ombudsperson for Child's Rights with data, without which it is impossible to start the investigation of the complaint, the complaint shall be left unexamined.
A repeated complaint on the same subject shall not be considered.
Institutions whose activities are not investigated by the Ombudsperson for Child's Rights.
The Ombudsperson for Child's Rights does not investigate the activities of the President of the Republic, members of the Seimas, the Prime Minister, the Government (as collegial institutions), the State Comptroller and judges of the Constitutional Court and other courts, and municipal councils (as collegial institutions).