The Commissioner for Complaints (Amendment) (Northern Ireland) Order 1997

Referral of complaint by health and social services body

5.  After Article 10 of the principal Order (provisions relating to complaints), there shall be inserted—

“Referral of complaint by health and social services body

10A.— (1) A health and social services body may itself refer to the Commissioner a complaint made to that body that a person has, in consequence of maladministration for which the body is responsible, sustained such injustice as is mentioned in Article 7(7).

(2) A complaint may not be so referred unless it was made—

(a) in writing;

(b) by the person aggrieved or by a person authorised by Article 10(3) to complain to the Commissioner on his behalf; and

(c) not later than 12 months from the day on which the person aggrieved first had knowledge of the matters alleged in the complaint, or such later date as the Commissioner considers appropriate in any particular case.

(3) A health and social services body may not refer a complaint under this Article after the period of 12 months from the day on which the body received the complaint.

(4) Any question whether a complaint has been duly referred to the Commissioner under this Article shah be determined by him.

(5) A complaint referred to the Commissioner under this Article shah be deemed to be duly made to him.”.