Section 10 Referral of complaint by health service body.

England, Wales and Scotland

(1)

A health service body may itself refer to F1the Commissioner a complaint made to that body that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 3(1).

(2)

A complaint may not be so referred unless it was made—

(a)

in writing,

(b)

by the person aggrieved or by a person authorised by section 9(3)(b) to complain to the Commissioner on his behalf, and

(c)

not more than a year after the person aggrieved first had notice of the matters alleged in the complaint, or such later date as the Commissioner considers appropriate in any particular case.

F2(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A health service body may not refer a complaint under this section after the period of one year beginning with the day on which the body received the complaint.

(4)

Any question whether a complaint has been duly referred to the Commissioner under this section shall be determined by him.

(5)

A complaint referred to the Commissioner under this section shall be deemed to be duly made to him.

Annotations

Textual amendments

F1: Words in s. 10(1)(4)(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2: S. 10(2A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 40(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

Notes on the whole Act

Textual amendments

F1: Act repealed (S.) (23.10.2002) by 2002 asp 11, s. 25(1), Sch. 6 para. 14 (with savings in Sch. 7); S.S.I. 2002/467, art. 2