Scottish Public Services Ombudsman Act 2002

11 [F1 Decisions not to investigate or to discontinue investigations] S

(1) If the Ombudsman,

[F2 (a) after considering a complaint, decides not to conduct an investigation pursuant to the complaint][F3 , or

(b) decides to discontinue an investigation following a complaint, ]

the Ombudsman must send a statement of the reasons for the decision to the persons specified in subsection (2).

(2) Those persons are—

(a) the person aggrieved,

(b) the listed authority in question,

(c) any other person who is alleged in the complaint to have taken the action complained of,

(d) if the complaint was made by a person authorised for the purpose of subsection (1)(b) of section 9, that person,

(e) if the complaint was made by a person other than the person aggrieved by virtue of subsection (3) of that section, that other person,

(f) if the listed authority is a family health service provider, any health service body with whom that provider—

(i) is subject to an undertaking to provide family health services, or

(ii) has agreed to perform such services,

(as the case may be), and

(g) if the listed authority is an independent provider, the health service body or family health service provider with whom the independent provider made the arrangement to provide the service concerned.

(3) Where a person referred to in subsection (2)(d) was authorised for the purpose of section 9(1)(b) in a particular capacity but no longer acts in that capacity, the Ombudsman must send the statement of reasons instead to such other person acting in that or a similar capacity as the Ombudsman thinks fit.

[F4 (3A) Where the Ombudsman decides to discontinue an investigation following a complaint, any reference in paragraphs (b), (f) and (g) of subsection (2) to the listed authority in question or to the listed authority is to be construed as including a reference to a listed authority—

(a) which was not mentioned in the complaint, but

(b) whose action was investigated by the Ombudsman in connection with the investigation.]

(4) If the Ombudsman, after considering a request, decides not to conduct an investigation pursuant to the request, the Ombudsman must send a statement of the reasons for the decision to—

(a) the listed authority who made the request,

(b) if the listed authority is a family health service provider, any health service body with whom that provider is subject to an undertaking to provide family health services, and

(c) if the listed authority is an independent provider, the health service body or family health service provider with whom the independent provider made the arrangement to provide the service concerned.

[F5 (5) Subsection (4) applies where the Ombudsman decides to discontinue an investigation following a request as it applies where the Ombudsman decides not to conduct such an investigation.]

Textual Amendments

F1 S. 11 title substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 2(d) (with s. 31(6), sch. 7)

F2 Words in s. 11(1) renumbered as s. 11(1)(a) (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 2(a) (with s. 31(6), sch. 7)

F3 S. 11(1)(b) and word inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 2(a) (with s. 31(6), sch. 7)

F4 S. 11(3A) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 2(b) (with s. 31(6), sch. 7)

F5 S. 11(5) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 2(c) (with s. 31(6), sch. 7)