Textual Amendments
F1Pt. 14A inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 2(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)
(1)The Service Complaints Ombudsman may, on an application to the Ombudsman by a person within subsection (2), investigate—
(a)a service complaint, where the Ombudsman is satisfied that the complaint has been finally determined;
(b)an allegation of maladministration in connection with the handling of a service complaint (including an allegation of undue delay), where the Ombudsman is satisfied that the complaint has been finally determined;
(c)an allegation of undue delay in the handling of a service complaint which has not been finally determined;
(d)an allegation of undue delay in the handling of a relevant service matter.
(2)The following persons are within this subsection—
(a)in a case relating to a service complaint, the complainant;
(b)in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter,
and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph.
(3)For the purposes of subsection (1)(d)—
(a)“relevant service matter” means a matter of a kind about which a service complaint—
(i)may be made, whether or not at the time of the application to the Ombudsman such a complaint has been made, or
(ii)could have been made (but for provision made by virtue of section 340B(2)(c));
(b)the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter.
(4)An application to the Ombudsman—
(a)must be made in writing,
(b)must specify the kind (or kinds) of investigation which the complainant wishes the Ombudsman to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose), and
(c)must contain any other information specified in regulations made by the Secretary of State.
(5)For the purposes of this section, a service complaint has been finally determined where—
(a)a decision has been made, in accordance with service complaints regulations made by virtue of section 340C, on the complaint or the complaint to which the allegation of maladministration relates, and
(b)if the decision is one in respect of which service complaints regulations made by virtue of section 340D enable an appeal to be made, an appeal against the decision has been made and determined.
[F2(5A)A decision on a service complaint is not to be taken to fall within subsection (5)(b) if the complainant does not have grounds (of which the complainant is aware) on which the complainant is entitled to bring an appeal against the decision.]
(6)The purpose of an investigation is—
(a)in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate;
(b)in the case of an investigation under subsection (1)(b), (c) or (d), to decide—
(i)whether the allegation is well-founded, and
(ii)if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant.
(7)The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in connection with the handling of the service complaint where it becomes apparent to the Ombudsman during the course of an investigation that any such maladministration may have occurred.
(8)The Secretary of State may by regulations provide that an application in respect of a service complaint that has been finally determined may not be made to the Ombudsman, except in circumstances specified in the regulations, after the end of the period specified in the regulations.
(9)The period referred to in subsection (8) must be at least [F3two] weeks beginning with the [F4relevant date (see subsection (9A))].
[F5(9A)For the purposes of subsection (9) “the relevant date” in relation to a service complaint that has been finally determined is—
(a)where the service complaint falls within subsection (5)(b), the date on which the complainant is notified of the determination of the appeal;
(b)where the decision on the service complaint does not fall within subsection (5)(b)—
(i)if the conditions in subsection (9B) are met, the date of the final invalidity decision;
(ii)otherwise, the date of the decision on the service complaint.
(9B)The conditions mentioned in subsection (9A)(b)(i) are that—
(a)the complainant brings an appeal against the decision on the service complaint;
(b)the Defence Council decides that the appeal cannot be proceeded with because (and only because) it was not brought on a valid ground;
(c)on any review of that decision of the Defence Council in accordance with regulations made by virtue of section 340D(6)(aa), the decision is upheld.
(9C)In subsection (9A)(b) “the date of the final invalidity decision” means—
(a)if the complainant does not apply for a review by the Service Complaints Ombudsman of the decision mentioned in subsection (9B)(b), the date on which the Defence Council notifies the complainant of that decision;
(b)if the complainant does apply for such a review, the date on which the Service Complaints Ombudsman notifies the complainant that the appeal cannot be proceeded with because it was not brought on a valid ground.]
(10)It is for the Ombudsman to determine whether an application has been made in accordance with this section.
(11)Where the Ombudsman has carried out an investigation under subsection (1)(a) or (b) in relation to a service complaint, the Ombudsman may not investigate a subsequent application relating to the same complaint except in circumstances specified in regulations made by the Secretary of State.
Textual Amendments
F2S. 340H(5A) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(7), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2
F3Word in s. 340H(9) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(8)(a), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2
F4Words in s. 340H(9) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(8)(b), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2
F5S. 340H(9A)-(9C) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(9), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2
(1)It is for the Service Complaints Ombudsman to determine—
(a)whether to begin, continue or discontinue an investigation;
(b)whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.
(2)The Secretary of State may make regulations about the procedure to be followed in an investigation.
(3)Subject to subsection (2), the procedure for carrying out an investigation is to be such as the Ombudsman considers appropriate in the circumstances.
(4)In particular, the Ombudsman may make such inquiries as the Ombudsman considers appropriate.
(5)The Secretary of State may by regulations—
(a)impose time limits for the taking by the Ombudsman or the complainant of any step specified in the regulations;
(b)specify circumstances in which a time limit does not apply.
(6)Where—
(a)the Ombudsman carries out an investigation under section 340H(1)(b) in connection with the handling of a service complaint, and
(b)before the complaint was made, the matter to which it relates was considered in accordance with a process for dealing with matters of that kind,
the Ombudsman may for the purposes of the investigation consider any alleged maladministration in connection with that process.
(1)The Service Complaints Ombudsman may, for the purposes of an investigation, require a person to provide—
(a)documents in the person's possession or control, or
(b)other information in the person's possession or control.
(2)The Ombudsman has the same powers as the High Court (or, in Scotland, the Court of Session), for the purposes of an investigation, in respect of—
(a)the attendance and examination of witnesses (including the examination of witnesses abroad), and
(b)the production of documents.
(3)A person may not be required under this section to do anything that the person could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of Session).
(1)This section applies if a person—
(a)without lawful excuse, obstructs the discharge of any of the Service Complaints Ombudsman's functions relating to an investigation, or
(b)does any act in relation to an investigation that would constitute contempt of court if the investigation were proceedings in the High Court (or, in Scotland, the Court of Session).
(2)The Ombudsman may certify the obstruction or act to the High Court (or, in Scotland, the Court of Session).
(3)The court may inquire into the certified obstruction or act.
(4)If the court, having heard any witness on behalf of or against the person and any statement in the person's defence, is satisfied that the person—
(a)without lawful excuse, obstructed the discharge of any of the Ombudsman's functions relating to the investigation, or
(b)did the act referred to in subsection (1)(b),
it may deal with the person in any way in which it could deal with the person if he or she had committed contempt in relation to the court.
(5)In this section, “act” includes an omission and references to the doing of an act are to be read accordingly.]