26 Matters subject to investigation. E+W
[F1(1)For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—
(a)alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;
(b)an alleged or apparent failure in a service which it was the authority's function to provide;
(c)an alleged or apparent failure to provide such a service.
[F2[F3(d)an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;]
(e)an alleged or apparent failure to provide a service in pursuance of such arrangements.]]
[F1(1A)Subsection (1) is subject to the following provisions of this section.]
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Before proceeding to investigate [F5a matter], a Local Commissioner shall satisfy himself that
[F6(a)[F7the matter has] been brought, by or on behalf of [F8the person affected], to the notice of the authority to which [F9it relates] and that that authority has been afforded a reasonable opportunity [F10to investigate the matter and to respond]; or
(b)in the particular circumstances, it is not reasonable to expect [F11the matter to be] brought to the notice of that authority or for that authority to be afforded a reasonable opportunity [F12to investigate the matter and to respond].]
(6)A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,—
(a)any action in respect of which the [F13person affected] has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;
(b)any action in respect of which the [F13person affected] has or had a right of appeal to a Minister of the Crown F14...; or
(c)any action in respect of which the [F13person affected] has or had a remedy by way of proceedings in any court of law:
Provided that a Local Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the [F13person affected] to resort or have resorted to it.
[F15(6A)A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of [F16any action taken by or on behalf of an authority in the exercise] of any of the authority's functions otherwise than in relation to England.]
(7)A Local Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the [F17following area—
[F18(aa)where the [F19matter] relates to a National Park authority, the area of the Park for which it is such an authority;]
F20(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22(ba)where the [F23matter] relates to the [F24Homes and Communities] Agency, any designated area within the meaning of [F25Part 1 of the Housing and Regeneration Act 2008];]
(c)in any other case, the area of the authority concerned.]
(8)Without prejudice to the preceding provisions of this section, a Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act.
(9)Her Majesty may by Order in Council amend the said Schedule 5 so as to [F26add to or exclude from the provisions of that Schedule (as it has effect for the time being)] such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F27(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F28(11)In this section—
(a)references to a [F29 person affected ] include references to his personal representatives; and
F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F31(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 26(1)(1A) substituted for s. 26(1) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))
F2S. 26(1)(d)(e) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 18; S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3S. 26(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 1; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4S. 26(2)-(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(3), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))
F5Words in s. 26(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F6S. 26(5)(a)(b) substituted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 15
F7Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F8Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F9Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(iii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F10Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(iv); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F11Words in s. 26(5)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(c)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F12Words in s. 26(5)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(c)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F13Words in s. 26(6) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F14Words in s. 26(6)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 11(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F15S. 26(6A) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 11(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F16Words in s. 26(6A) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(4); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F17S. 26(7)(a)-(c) and words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(4)
F18S. 26(7)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 18(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7, Sch. 23 para. 12)
F19Word in s. 26(7)(aa) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F20S. 26(7)(a) omitted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(a), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F21S. 26(7)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F22S. 26(7)(ba) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(2); S.I. 1993/2762, art. 3.
F23Word in s. 26(7)(ba) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F24Words in s. 26(7)(ba) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(b)(i); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F25Words in s. 26(7)(ba) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(b)(ii); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F26Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(5)
F27S. 26(10) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(6), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F28S. 26(11) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(b)
F29Words in s. 26(11)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(7)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F30S. 26(11)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(7)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F31S. 26(12) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(8), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F32S. 26(13) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(8), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
Modifications etc. (not altering text)
C1s. 26 modified by S.I. 1991/559, art. 2(3)(5)
C2S. 26 modified by S.I. 1986/452, art. 8(3)(5)
C3S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k)
C4S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k)