Section 17 - Power to investigate other health-related services
75.Section 17(1) provides that the Ombudsman must prepare a statement of reasons where the Ombudsman decides, not to begin or to discontinue an investigation. This situation may arise, for example, where the Ombudsman resolves a matter under section 6 and therefore decides not to undertake an investigation.
76.(The requirement in section 17(1) does not apply in relation to an own initiative investigation unless the Ombudsman has consulted a person under section 4(2)(c) about that investigation.)
77.Under section 17(2), the Ombudsman must send a copy of the statement of reasons to:
any person who made a complaint to the Ombudsman in respect of the matter to which the statement refers; and
the listed authority to which the matter relates.
78.Under section 17(3), the Ombudsman may send a copy of the statement to any other person the Ombudsman considers appropriate.
79.The Ombudsman may publish such a statement if the Ombudsman considers that it is in the public interest to do so. In reaching this view, the Ombudsman must take account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate.
80.Sections 17(7) and (8) provide that when the Ombudsman prepares a statement that:
names any person (other than the listed authority concerned); or
includes anything which, in the opinion of the Ombudsman, is likely to identify any person and which, in the opinion of the Ombudsman, can be omitted from the statement without impairing its effectiveness,
81.The Ombudsman may only include such information in the version of the statement that is sent or published under this section if it is in the public interest to include such a name or identifying particulars. In reaching this view, the Ombudsman must have regard to the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate.
82.In the case of the version of the statement that the Ombudsman is required to send, under section 17(2), to any person who made a complaint and the listed authority, it is not anticipated that it would be difficult for the Ombudsman to show that it is in the public interest to include such information. This is because, in such cases, there is likely to be a strong public interest in those parties knowing the names and identities of persons that the Ombudsman considers it necessary to refer to in the statement. Indeed, in many cases such a statement is likely to name or identify only the person aggrieved, the listed authority that took the action which is the subject of the investigation, and those of its employees who are relevant (e.g. if the employee of the listed authority took the action complained of).
