Section 39 Declaration of non-compliance of complaints handling procedureI1

(1)

The Ombudsman may make a declaration of non-compliance in relation to a complaints handling procedure if subsection (2) or (3) applies.

(2)

This subsection applies where the Ombudsman—

(a)

has specified that a model CHP is relevant to a listed authority, and

(b)

is of the opinion that a listed authority's complaints handling procedure does not comply with the model CHP.

(3)

This subsection applies where the Ombudsman—

(a)

has not specified that a model CHP is relevant to a listed authority, and

(b)

is of the opinion that a listed authority's complaints handling procedure does not comply with the statement of principles.

(4)

Where a declaration is made, the Ombudsman—

(a)

must give reasons in writing,

(b)

may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.

(5)

Where a declaration is made, the listed authority must submit a description of its complaints handling procedure to the Ombudsman, having taken account of the reasons given under subsection (4)(a) and any modifications specified under subsection (4)(b), within 2 months of the declaration.

(6)

The Ombudsman may withdraw a declaration at any time if the Ombudsman thinks fit.

Annotations

Commencement

I1: S. 39 in operation at 24.5.2021 by S.R. 2021/113, art. 3