Dispute with the administration: refer the case to the Defender of Rights
Verified 21 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Do you have a dispute with an administration or a public service? If you can't find a friendly solution, you can go to the Defender of Rights. This institution can help you resolve the dispute in certain cases. We present you with the information you need to know.
The Defender of Rights is responsible for defending your rights and freedoms, in the context of your relations with a public service or a body entrusted with a public service mission.
Example :
- State administration (prefecture, tax center, ministry, etc.)
- Organization managing a public service (primary health insurance fund, family allowance fund, etc.)
- Territorial community (town hall, inter-communal trade union, regional council, etc.)
- Hospital
The Defender of Rights may intervene when a dispute between you and one of these public services and that your rights and freedoms are threatened. For example, in case of difficulty of access to the service, in case of lack of information, in case of lack of response, in case of unreasoned decision, or in case of refusal of the service to apply a court decision that is favorable to you.
The Defender does not have the power to intervene in certain disputes. These include:
- Conflicts relating to the hierarchical relationship between the administration and its staff (except in cases of discrimination)
- Dispute pending before a court
- Challenge of a judgment
- Dispute with a foreign administration (but may refer the complaint to the appropriate foreigner interlocutor)
- Private conflict (family, neighbors, shopkeepers, etc)
You can check whether the Defender of Rights is competent to examine your application using an online service:
You may refer the matter to the Defender of Rights (or his delegate) if you believe that your rights and freedoms are threatened by the action of a public service.
You can also refer a case to the Advocate on behalf of a relative (your child, the person you are in a relationship with, etc.), when he or she is unable to do so.
The Defender of Rights may also be seized on behalf of an association, group or business.
But before filing a complaint with the French Ombudsman, you must first try to resolve the dispute amicably with the public service or body concerned. For example, you can make a complaint to the service or file a administrative appeal against the contested decision.
You can contact the Defender of Rights (or his or her delegates) online, on-site or by mail.
Répondez aux questions successives et les réponses s’afficheront automatiquement
On the spot
You can make an appointment with a representative of the Defender of Rights.
Who shall I contact
By mail
Who shall I contact
Defender of Rights
By telephone (general information)
09 69 39 00 00
Cost of a local call
Monday to Friday from 8:30 am to 7:30 pm
By post (from France, free and without postage)
Defender of Rights
Free answer 71120
75342 Paris cedex 07
Attention: attach photocopies of the documents relating to your referral to your post.
By email
Access to contact form
Warning
Referring the case to the Defender of Rights does not interrupt the time limits for bringing an action legal action.
The services of the Defender of Rights are free of charge.
The Defender of Rights first verifies that your request falls within his jurisdiction.
If not, they will inform you of the reasons why they cannot process your case and, if necessary, direct you to the people or organizations that can help you.
If the Defender of Rights considers that your request falls within his or her jurisdiction, he or she will open an investigation to gather the information necessary to know the situation, before taking a decision.
Means of information for the Defender of Rights
As part of the investigation, the Defender of Rights may send a reasoned request for information to the authorities concerned. They must provide the information and documents requested, except in cases of national defense, national security or foreign policy secrecy.
Where requests for information are not followed up, the Defender of Rights may give notice to interested persons to reply within a time limit which he shall lay down.
Where the formal notice is not complied with, the Defender of Rights may apply to the judge for interim relief and ask him to order any measure necessary to obtain the information requested.
The Defender of Rights may also carry out on-the-spot checks on the premises of public services or bodies entrusted with a public service mission, as well as on public transport.
Those responsible for places to visit can oppose the visit of the Defender of Rights. In this case, the Defender of Rights must seek permission from the court to carry out the visit.
Decision of the Defender of Rights
After collecting the information necessary to know the dispute, the Defender of Rights decides on your request.
The Defender of Rights may make a recommendation to the public service concerned, asking it to settle your situation fairly and to keep it informed of the action taken on its recommendation.
If the public service does not provide information within the time limit, or if the Defender of Rights considers, on the basis of the information received, that the recommendation has not been acted upon, the Defender of Rights may order it to take specific measures within a specified time limit. For example, to issue an authorization that had been refused.
If the public service fails to carry out the instruction it has given it, the Defender of Rights shall draw up a special report, which he shall communicate to the public service in question and publish.
The Defender of Rights may decide to publish the public service response as well.
The Defender of Rights may also try to set the amicable dispute, by mediating between you and the public service concerned.
The Defender of Rights can even offer you to to conclude a transaction with the public service by assisting you in the drafting of the Convention.
If the Defender of Rights finds in his investigation facts that merit disciplinary punishment, he may request the competent authority to initiate disciplinary proceedings with regard to the authors. For example, an officer's unjustified refusal to process user requests.
If the competent authority does not provide information within the time limit or if the Defender of Rights considers, on the basis of the information received, that the recommendation has not been acted upon, he may draw up a special report, which he shall communicate to the competent authority.
The Defender of Rights may decide to publish this special report and, if deemed necessary, the response of the authority.
The Defender of Rights can also make general recommendations (important issues) and propose to the authorities to amend the law.
The Defender of Rights cannot challenge a court decision, but he can submit his observations before all courts.
It is independent and does not represent any of the parties.
Who can help me?
Find who can answer your questions in your region
Defender of Rights
By telephone (general information)
09 69 39 00 00
Cost of a local call
Monday to Friday from 8:30 am to 7:30 pm
By post (from France, free and without postage)
Defender of Rights
Free answer 71120
75342 Paris cedex 07
Attention: attach photocopies of the documents relating to your referral to your post.
By email
Access to contact form
Proposed transaction (Article D1-1)
Service-Public.fr
Defender of Rights