Section 26 Matters subject to investigation.C1 C2

England and Wales

F1(1)

For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—

(a)

alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;

(b)

an alleged or apparent failure in a service which it was the authority's function to provide;

(c)

an alleged or apparent failure to provide such a service.

(F2F3d)

an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;

(e)

an alleged or apparent failure to provide a service in pursuance of such arrangements.

(1A)

Subsection (1) is subject to the following provisions of this section.

F4(2)

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

(3)

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

(4)

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

(5)

Before proceeding to investigate F5a matter, a Local Commissioner shall satisfy himself that

F6(a)

F7the matter has been brought, by or on behalf of F8the person affected, to the notice of the authority to which F9it relates and that that authority has been afforded a reasonable opportunity F10to investigate the matter and to respond; or

(b)

in the particular circumstances, it is not reasonable to expect F11the matter to be brought to the notice of that authority or for that authority to be afforded a reasonable opportunity F12to investigate the matter and to respond.

(6)

A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,—

(a)

any action in respect of which the F13person affected has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;

(b)

any action in respect of which the person affected has or had a right of appeal to a Minister of the Crown F14...; or

(c)

any action in respect of which the person affected has or had a remedy by way of proceedings in any court of law:

Provided that a Local Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the person affected to resort or have resorted to it.

F15(6A)

A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of F16any action taken by or on behalf of an authority in the exercise of any of the authority's functions otherwise than in relation to England.

(7)

A Local Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the F17following area—

(F18aa)

where the F19matter relates to a National Park authority, the area of the Park for which it is such an authority;

F20(a)

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

F21(b)

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

(F22ba)

where the F23matter relates to the F24Homes and Communities Agency, any designated area within the meaning of F25Part 1 of the Housing and Regeneration Act 2008;

(c)

in any other case, the area of the authority concerned.

(8)

Without prejudice to the preceding provisions of this section, a Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act F26unless—

(a)

the investigation is in respect of action described in paragraph 5A or 5B of that Schedule, and

(b)

the person affected is not an individual of a description whom a scheme approved under Schedule 2 to the Housing Act 1996 (investigation of social housing complaints by housing ombudsman) provides may make a complaint under that scheme in respect of that action.

(9)

Her Majesty may by Order in Council amend the said Schedule 5 so as to F27add to or exclude from the provisions of that Schedule (as it has effect for the time being) such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F28(10)

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

F29(11)

In this section—

(a)

references to a F30 person affected include references to his personal representatives; and

F31 C3 C4(b)

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

F32(12)

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

F33(13)

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

Annotations

Textual amendments

F1: S. 26(1)(1A) substituted for s. 26(1) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))
F2: S. 26(1)(d)(e) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 18; S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3: S. 26(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 1; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: S. 26(2)-(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(3), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))
F5: Words in s. 26(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F6: S. 26(5)(a)(b) substituted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 15
F7: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F8: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F9: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(iii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F10: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(iv); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F11: Words in s. 26(5)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(c)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F12: Words in s. 26(5)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(c)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F13: Words in s. 26(6) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F14: Words in s. 26(6)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 11(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F15: S. 26(6A) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 11(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F16: Words in s. 26(6A) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(4); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F17: S. 26(7)(a)-(c) and words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(4)
F18: S. 26(7)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 18(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7, Sch. 23 para. 12)
F19: Word in s. 26(7)(aa) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F20: S. 26(7)(a) omitted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(a), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F21: S. 26(7)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F22: S. 26(7)(ba) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(2); S.I. 1993/2762, art. 3.
F23: Word in s. 26(7)(ba) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F24: Words in s. 26(7)(ba) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(b)(i); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F25: Words in s. 26(7)(ba) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(b)(ii); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F26: S. 26(8)(a)(b) and word inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 74, 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(f)
F27: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(5)
F28: S. 26(10) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(6), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F29: S. 26(11) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(b)
F30: Words in s. 26(11)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(7)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F31: S. 26(11)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(7)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F32: S. 26(12) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(8), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F33: S. 26(13) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(8), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

Modifications

C1: s. 26 modified by S.I. 1991/559, art. 2(3)(5)
C2: S. 26 modified by S.I. 1986/452, art. 8(3)(5)
C3: S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k)
C4: S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k)

Notes on Part III

Modifications

C1

Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2

Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C3

Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4

Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5

Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

C6