OpenLegislation

Section 14 Reports by the Commissioner.F50E1C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1In any case where F2the Commissioner F3... conducts an investigation pursuant to a complaint under section 3(1) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint,

(b)

to any member of the House of Commons F4... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

C2(c)

to the health service body who at the time the report is made provides the service, or has the function, in relation to which the complaint was made, F5and

(d)

to any person who is alleged in the complaint to have taken or authorised the action complained of, F6...

(e)

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

(2)

In any case where F7the Commissioner F8... decides not to conduct an investigation F9pursuant to a complaint under section 3(1) he shall send a statement of his reasons—

(a)

to the person who made the complaint, F10and

(b)

to any such member of the House of Commons F11... as is mentioned in subsection (1)(b), F12. . .

F13(c)

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

F14(2A)

In any case where F15the Commissioner F16... conducts an investigation pursuant to a complaint under section 3(1A) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint,

(b)

to any member of the House of Commons F17... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)

to any person by reference to whose action the complaint is made,

(d)

to the family health service provider (if he does not fall within paragraph (c)), F18and

(e)

to any health service body with whom the family health service provider is subject to an undertaking to provide family health services, F19...

(f)

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

(2B)

In any case where F20the Commissioner F21... decides not to conduct an investigation pursuant to a complaint under section 3(1A) he shall send a statement of his reasons—

(a)

to the person who made the complaint, and

(b)

to any such member of the House of Commons F22... as is mentioned in subsection (2A)(b).

(2C)

In any case where F23the Commissioner F24... conducts an investigation pursuant to a complaint under section 3(1C) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint,

(b)

to any member of the House of Commons F25... who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

(c)

to any person who is alleged in the complaint to have taken or authorised the action complained of,

(d)

to the independent provider, F26and

(e)

to the health service body or family health service provider with whom the independent provider F27(in a case within section 2B(1)) made the arrangement to provide the service concerned, F28...

(f)

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

(2D)

In any case where F29the Commissioner F30... decides not to conduct an investigation pursuant to a complaint under section 3(1C) he shall send a statement of his reasons—

(a)

to the person who made the complaint, and

(b)

to any such member of the House of Commons F31...as is mentioned in subsection (2C)(b).

F32(2E)

In any case where F33the Commissioner conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)

to the person who made the complaint;

(b)

to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);

(c)

to the person or body whose maladministration is complained of;

(d)

to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

F34(e)

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

(2F)

In any case where F35the Commissioner decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)

to the person who made the complaint; or

(b)

to any such member of the House of Commons as is mentioned in subsection (2E)(b).

F36(2HA)

Where the Commissioner has not concluded an investigation before the end of the 12 month period beginning with the date the complaint was received, the Commissioner must send a statement explaining the reason for the delay to the person who made the complaint.

F37(2I)

Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate.

(3)

If after conducting an investigation it appears to F38the Commissioner F39... that—

(a)

the person aggrieved has sustained such injustice or hardship as is mentioned in section 3(1) F40, (1A) or (1C), and

(b)

the injustice or hardship has not been and will not be remedied,

he may if he thinks fit F41lay before each House of Parliament a special report on the case.

F42(4)

F43The Commissioner F44...—

(a)

shall F45...annually lay before each House of Parliament a general report on the performance of his functions under this Act, and

(b)

may F46... from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.

F47(4A)

The general report laid under subsection (4)(a) must include information about—

(a)

how long investigations that were concluded in the year to which the report relates took to be concluded,

(b)

how many of those investigations took more than 12 months to be concluded, and

(c)

the action being taken with a view to all investigations being concluded within 12 months.

(5)

For the purposes of the law of defamation, the publication of any matter by F48the Commissioner F49... in sending or making a report or statement in pursuance of this section shall be absolutely privileged.

Annotations

Textual amendments

F1

Words in s. 14(1) substituted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(2); S.I. 1996/970, art. 2(1)

F2

Words in s. 14(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F3

Words in s. 14(1) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F4

Words in s. 14(1)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)

F5

Word in s. 14(1)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(2)(a); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F6

S. 14(1)(e) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(2)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F7

Words in s. 14(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F8

Words in s. 14(2) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F9

Words in s. 14(2) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(3); S.I. 1996/970, art. 2(1)

F10

Word in s. 14(2)(a) inserted (1.4.1996) by 1996 c. 5, s. 10(3)(a); S.I. 1996/970, art. 2(1)

F11

Words in s. 14(2)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)

F12

Word in s. 14(2)(b) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F13

S. 14(2)(c) repealed (1.4.1996) by 1996 c. 5, ss. 10(3)(b), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F14

S. 14(2A)-(2D) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(4); S.I. 1996/970, art. 2(1)

F15

Words in s. 14(2A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F16

Words in s. 14(2A) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F17

Words in s. 14(2A)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)

F18

Word in s. 14(2A)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(3)(a); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F19

S. 14(2A)(f) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(3)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F20

Words in s. 14(2B) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F21

Words in s. 14(2B) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F22

Words in s. 14(2B)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)

F23

Words in s. 14(2C) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F24

Words in s. 14(2C) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F25

Words in s. 14(2C)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)

F26

Word in s. 14(2C)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(4)(a); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F27

Words in s. 14(2C)(e) inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 12(6), 40(1); S.I. 2010/30, art. 2(b)

F28

S. 14(2C)(f) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(4)(b); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F29

Words in s. 14(2D) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F30

Words in s. 14(2D) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F31

Words in s. 14(2D)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(b)

F32

S. 14(2E)(2F) inserted (1.6.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 11(5); S.I. 2004/759, art. 7

F33

Words in s. 14(2E) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F34

S. 14(2E)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 70(5); S.I. 2013/160, art. 2(2) (with arts. 6-9)

F35

Words in s. 14(2F) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F36

S. 14(2HA) inserted (E.W.) (26.5.2015) by Health Service Commissioner for England (Complaint Handling) Act 2015 (c. 29), ss. 1(2), 2(1)

F37

S. 14(2I) inserted (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 201, 306(4); S.I. 2012/1319, art. 2(3)

F38

Words in s. 14(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F39

Words in s. 14(3) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F40

Words in s. 14(3)(a) inserted (1.4.1996) by 1996 c. 5, s. 3, Sch. 1 para. 5(5); S.I. 1996/970, art. 2(1)

F41

Words in s. 14(3) substituted (1.4.1996) by 1996 c. 5, s. 10(4); S.I. 1996/970, art. 2(1)

F42

S. 14(4) substituted (1.4.1996) by 1996 c. 5, s. 10(5); S.I. 1996/970, art. 2(1)

F43

Words in s. 14(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F44

Words in s. 14(4) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(c)(i)

F45

Word in s. 14(4)(a) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(c)(ii)

F46

Word in s. 14(4)(b) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(c)(ii)

F47

S. 14(4A) inserted (E.W.) (26.5.2015) by Health Service Commissioner for England (Complaint Handling) Act 2015 (c. 29), ss. 1(3), 2(1)

F48

Words in s. 14(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 45(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F49

Words in s. 14(5) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(8)(a)

F50

Words in s. 14 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 44 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

Modifications

C1

S. 14 modified (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 8 (with regs. 13, 29, 30)

C2

S. 14(1)(c) applied with modifications (1.4.1996) by S.I. 1996/709, art. 9(3)(c)

Extent

E1

S. 14(5) extends to Northern Ireland see s. 22(2)(a).

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