Part 2Investigation of complaints

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.