The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007

Exhaustion of remedies

15.  In section 26 of the 1974 Act (matters subject to investigation)(1), in subsection (5), for the words from “the complaint has” to the end substitute—

“(a) the complaint has been brought, by or on behalf of the person aggrieved, to the notice of the authority to which the complaint relates and that that authority has been afforded a reasonable opportunity to investigate, and reply to, the complaint; or

(b) in the particular circumstances, it is not reasonable to expect the complaint to be brought to the notice of that authority or for that authority to be afforded a reasonable opportunity to investigate, and reply to, the complaint.”.

(1)

Amended by the Local Government Act 1985 (c.51), Schedule 14, paragraph 51; the Local Government Act 1988 (c.9), Schedule 3, paragraph 5; the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), Schedule 21, paragraph 6; the Environment Act 1995 (c.25), Schedule 7, paragraph 18; the Government of Wales Act 1998 (c.38), Schedule 12, paragraph 13 and Schedule 18, Part 4; and the Public Services Ombudsman (Wales) Act 2005 (c.10) Schedule 6, paragraphs 7, 11 and Schedule 7.