Regulation 25 Complaints which are anonymous, repetitious, vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints or incapable of investigationI1

Northern Ireland

(1)

Where the Ombudsman is of the opinion—

(a)

that a complaint is an anonymous or a repetitious one within the meaning of paragraph 2 or 3 of the Schedule or that a complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints or that it is not reasonably practicable to complete the investigation of a complaint, within the meaning of paragraph 4 thereof, F1...

F2(b)

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

(c)

F3and, in all the circumstances, the requirements of Part VII of the Act to the extent that they have not already been satisfied should be dispensed with,

the Ombudsman may dispense with the said requirements as respects the complaint.

(2)

Where the complaint has been referred to the Chief constable under Section 54(3)(b), the Chief Constable, may in accordance with this regulation request the Ombudsman to dispense with the requirements under paragraph (1).

(3)

The request, which shall be made in writing, shall be accompanied by—

(a)

a copy of the complaint;

(b)

a memorandum from the Chief Constable explaining the reasons for being of the opinion mentioned in paragraph (1);

(c)

where the complaint is a repetitious complaint and the previous complaint has been informally resolved in accordance with the provisions of Section 5 of the Order of 1987 or Regulation 10 of these regulations, a copy of the record of the outcome of the informal resolution procedure, and

(d)

where the Chief Constable is of the opinion that the complaint is a repetitious complaint and the previous complaint has been informally resolved in accordance with the provisions

(4)

If, after considering a request under this regulation, the Ombudsman shares the opinion of the Chief Constable, he may dispense with the requirements mentioned in paragraph (1) but he shall not reject such a request except after consultation with the Chief Constable.

(5)

The Ombudsman shall, as soon as possible, notify the appropriate authority, in writing, of his decision on such a request and, where he dispenses with the requirements mentioned in paragraph (1), shall inform the complainant of his action unless the complaint is an anonymous one or it otherwise appears to him to be not reasonably practicable so to inform him within a period which is reasonable in all the circumstances of the case.

(6)

The Ombudsman shall inform the member concerned, where known, in writing of his decision to dispense with the requirements mentioned in paragraph (1).

Annotations

Textual amendments

F1: Word in reg. 25(1)(a) omitted (with application in accordance with reg. 4 of the amending Rule) by virtue of RUC (Complaints etc) Regulations 2001 (S.R. 2001/184), regs. 1, 2(5)(b)(i)
F2: Reg. 25(1)(b) omitted (with application in accordance with reg. 4 of the amending Rule) by virtue of RUC (Complaints etc) Regulations 2001 (S.R. 2001/184), regs. 1, 2(5)(b)(ii)
F3: Word in reg. 25(1)(c) substituted (with application in accordance with reg. 4 of the amending Rule) by RUC (Complaints etc) Regulations 2001 (S.R. 2001/184), regs. 1, 2(5)(b)(iii)

Commencement

I1: Reg. 25 in operation at 6.11.2000, see reg. 1(1)