PART 3COMPLAINTS HANDLING PROCEDURE
I139Declaration of non-compliance of complaints handling procedure
1
The Ombudsman may make a declaration of non-compliance in relation to a complaints handling procedure if subsection (2) or (3) applies.
2
This subsection applies where the Ombudsman—
a
has specified that a model CHP is relevant to a listed authority, and
b
is of the opinion that a listed authority's complaints handling procedure does not comply with the model CHP.
3
This subsection applies where the Ombudsman—
a
has not specified that a model CHP is relevant to a listed authority, and
b
is of the opinion that a listed authority's complaints handling procedure does not comply with the statement of principles.
4
Where a declaration is made, the Ombudsman—
a
must give reasons in writing,
b
may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.
5
Where a declaration is made, the listed authority must submit a description of its complaints handling procedure to the Ombudsman, having taken account of the reasons given under subsection (4)(a) and any modifications specified under subsection (4)(b), within 2 months of the declaration.
6
The Ombudsman may withdraw a declaration at any time if the Ombudsman thinks fit.