Armed Forces Act 2006

[F1 340L Report and recommendations U.K.

(1) The Service Complaints Ombudsman must, after carrying out an investigation, prepare a report setting out—

(a) the Ombudsman's findings, and

(b) any recommendations referred to in subsection (2).

(2) Those recommendations are—

(a) on an investigation under section 340H(1)(a) where the Ombudsman finds that the service complaint to which the investigation relates is well-founded, the Ombudsman's recommendations (if any) on what redress would be appropriate;

(b) on an investigation under section 340H(1)(b), (c) or (d) where the Ombudsman finds that the allegation to which the investigation relates is well-founded, the Ombudsman's recommendations (if any) as a result of that finding;

(c) where, by virtue of section 340H(7), the Ombudsman finds maladministration in connection with the handling of a service complaint, the Ombudsman's recommendations (if any) as a result of that finding.

(3) The Ombudsman may for the purposes of subsection (2)(b) or (c) make any recommendations that the Ombudsman considers appropriate, including recommendations for the purpose of remedying—

(a) the maladministration or undue delay to which the finding relates, and

(b) any injustice that the Ombudsman considers has or could have been sustained, in consequence of the maladministration or undue delay, by the complainant.

(4) The report must include the Ombudsman's reasons for each of the findings and recommendations.

(5) The Ombudsman must send a copy of the report to—

(a) the Defence Council,

(b) the complainant, and

(c) any other persons specified, or of a description specified, in regulations made by the Secretary of State.

(6) The Ombudsman may send a copy of the report to any other persons the Ombudsman considers appropriate.

(7) The Secretary of State may make regulations with respect to reports under this section; and the regulations may in particular include—

(a) further provision about the preparation of reports;

(b) provision for the correction of accidental errors in reports;

(c) provision about obligations (including obligations of confidentiality) that may be imposed on persons to whom reports are sent.]

Textual Amendments

F1 Pt. 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)