Constitutional Reform Act 2005 (c. 4)

Part 5 N.I. Judicial Appointments and Removals: Northern Ireland

Chapter 1 N.I. Appointments

Complaints and references N.I.

128 Report and recommendations N.I.

After section 9D of the 2002 Act insert—

“9E Report and recommendations

(1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

(2) The report must state—

(a) what findings the Ombudsman has made;

(b) whether he considers the complaint should be upheld in whole or part;

(c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

(3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.”