Your rights against the Administration: public information, petition and the Ombudsman

Before considering a lawsuit, the law gives you 4 free tools to assert your rights against any Administration. They do not require a lawyer or a procurador (court representative), and they are submitted through a registry or electronic office.

The first is the right of access to public information (Ley 19/2013): requesting documents and data already held by the Administration. The second is the right of petition (LO 4/2001): addressing an authority to request a decision or measure that does not have a specific channel. The third is a complaint to the Defensor del Pueblo (the Spanish Ombudsman, LO 3/1981), which supervises the Administration and recommends corrections. The fourth is a claim for financial liability (Ley 40/2015): requesting compensation when a public service has caused you harm that you had no legal duty to bear.

Each channel serves a different purpose and has its own deadline. Choosing the wrong channel delays the response or makes you miss a deadline. Managora identifies which one corresponds to your case, drafts the document with the appropriate legal basis and files it for you.

Anyone can request information held by an Administration, without needing to justify the request (artículo 17 of Ley 19/2013). You simply need to identify yourself, indicate what information you want and provide a contact address.

The Administration must resolve the request within 1 month, extendable for another 1 month if the volume or complexity requires it (artículo 20). If it does not reply, the silence is negative: it is understood that your access has been denied.

Against a denial (express or by silence), you can file an optional and free claim with the Transparency and Good Governance Council within 1 month (artículo 24). The Council resolves it in a maximum of 3 months; if it does not resolve it, the claim is understood to be dismissed and the contentious-administrative route is opened. You can check the fees for Managora to prepare and file your request and, where appropriate, the claim, on the acceso_informacion_publica procedure page.

The right of petition (Ley Orgánica 4/2001) allows you to write to any public power or authority to request a decision, a measure or an action on matters within their competence that do not have their own regulated procedure. It can concern a private or general interest.

The authority is obliged to acknowledge receipt, to admit or dismiss the petition and to answer it. A dismissal, if applicable, is notified within 45 working days; the reasoned reply must arrive within a maximum of 3 months from submission (artículos 9 and 11 of LO 4/2001). Important: the petition obliges them to answer you and assess what you ask for, but it does not oblige the Administration to grant it (it is a discretionary right).

This is the appropriate channel when you want the Administration to do something for which there is no specific form or file. Managora drafts the petition with the necessary data and arguments and files it with the competent body. The fees are listed on the derecho_peticion procedure page.

The Defensor del Pueblo (Ley Orgánica 3/1981) supervises public Administrations and defends citizens' rights. You can file a complaint if you believe an Administration has acted badly, has been delayed or has treated you unfairly.

The complaint is free, does not require a lawyer or a procurador, and is submitted in a signed writing (with your name, surnames and address), online, by post or in person. The maximum deadline is 1 year from when you became aware of the facts (artículo 15). The Ombudsman investigates and can demand a report from the Administration within 15 days.

The Ombudsman cannot annul or modify administrative acts, but can direct recommendations, suggestions, reminders of legal duties and warnings to the Administration (artículo 30). They are not binding, although the Administration accepts most of its resolutions. It is a useful pressure channel when silence or malfunction do not yet justify a lawsuit. Managora prepares the complaint document and processes it for you (queja_defensor_pueblo page).

If the normal or abnormal operation of a public service has caused you harm, you can claim compensation from the responsible Administration (artículos 32 to 37 of Ley 40/2015). The harm must be effective, economically evaluable and individualised, there must be a causal relationship between the service and the harm, and it must be unlawful harm, meaning one that you had no legal duty to bear. Cases of force majeure are excluded.

The deadline to claim is 1 year from when the event occurred or from when its harmful effect manifested (artículo 67 of Ley 39/2015). For physical or psychological harm, the 1 year is counted from the cure or from when the after-effects are determined. The Administration has 6 months to resolve it; if it does not do so, the silence is negative and you can proceed to the contentious-administrative route.

Common examples: a fall due to a pavement in poor condition, harm from a healthcare action, or damage from an Administration error. Managora assesses whether your case meets the requirements, quantifies the harm with the documentation and files the claim (reclamacion_responsabilidad_patrimonial page).

Managora is your 24-hour online gestoría (administrative agency) to claim against the Administration from start to finish. You explain the problem to us via chat; we identify the correct channel (public information, petition, Ombudsman or financial liability), draft the document with the legal basis and documentation, and file it on your behalf with the corresponding body or office.

None of these 4 channels has a tasa (official fee): claiming is free. The fees for Managora to prepare and file it for you are listed, updated, on each procedure page. We keep you informed of the deadlines and, if there is silence or a denial, we prepare the claim or the next step.