C2C1Part 2Investigation of complaints F1relating to listed authorities
Pt. 2 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
Special reports
22Special reports
1
The Ombudsman may prepare a report under this section (a “special report”) if subsection (2), (4) or (6) applies.
2
This subsection applies if, in a report under section 16, the Ombudsman has concluded that the person aggrieved has sustained injustice or hardship in consequence of the matter investigated and—
a
the Ombudsman has not received the notification required under section 19 before the end of the period permitted under that section,
b
he has received that notification but he is not satisfied with—
i
the action which the listed authority has taken or proposes to take, or
ii
the period before the end of which it proposes to have taken that action, or
c
he has received that notification but he is not satisfied that the listed authority has, before the end of the permitted period, taken the action it proposed to take.
3
The permitted period for the purposes of subsection (2)(c) is—
a
the period referred to in section 19(2)(b), or
b
any longer period specified by the Ombudsman in writing.
4
This subsection applies if the Ombudsman—
a
has prepared a report under section 21 by virtue of subsection (2) of that section, and
b
is not satisfied that the listed authority has implemented his recommendations before the end of the permitted period.
5
The permitted period for the purposes of subsection (4)(b) is—
a
the period referred to in section 21(2)(b), or
b
any longer period specified by the Ombudsman in writing.
6
This subsection applies if—
a
a complaint in respect of a listed authority has been resolved under section 3,
b
in resolving the complaint, the Ombudsman has concluded that the person aggrieved has sustained injustice or hardship in consequence of the matter which is the subject of the complaint,
c
the listed authority has agreed to take particular action before the end of a particular period, and
d
the Ombudsman is not satisfied that the listed authority has taken that action before the end of the permitted period.
7
The permitted period for the purposes of subsection (6)(d) is—
a
the period referred to in subsection (6)(c), or
b
any longer period specified by the Ombudsman in writing.
8
A special report must—
a
set out the facts on the basis of which subsection (2), (4) or (6) applies, and
b
make such recommendations as the Ombudsman thinks fit with respect to the action which, in his opinion, should be taken—
i
to remedy the injustice or hardship to the person aggrieved, and
ii
to prevent similar injustice or hardship being caused in the future.
9
The Ombudsman must send a copy of a special report—
a
if the special report is prepared because subsection (2) applies, to each person to whom a copy of the report under section 16 was sent under section 16(1)(b);
b
if the special report is prepared because subsection (4) or (6) applies, to the person who made the complaint and the listed authority.
10
The Ombudsman may send a copy of a special report to any other persons he thinks appropriate.
Words in Pt. 2 heading inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 14; S.I. 2014/2718, art. 2(b)