(1)If the Ombudsman —
(a)decides not to begin an investigation, or to discontinue an investigation, into a matter under section 3(5), or
(b)where the Ombudsman has consulted a person under section 4(2)(c), decides not to begin an investigation, or to discontinue an investigation, into a matter under section 4(3)(a),
the Ombudsman must prepare a statement of the reasons for the decision.
(2)The Ombudsman must send a copy of the statement to—
(a)any person who made a complaint to the Ombudsman in respect of the matter, and
(b)the listed authority to which the matter relates.
(3)The Ombudsman may send a copy of the statement to any other persons the Ombudsman thinks appropriate.
(4)The Ombudsman may publish a statement under this section if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so.
(5)The Ombudsman may supply a copy of a statement published under subsection (4), or any part of such a statement, to any person who requests it.
(6)The Ombudsman may charge a reasonable fee for supplying a copy of a statement, or part of a statement, under subsection (5).
(7)If a statement prepared under subsection (1)—
(a)mentions the name of any person other than the listed authority to which the matter relates, or
(b)includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the statement,
that information must not be included in a version of the statement sent to a person under subsection (2) or (3) or published under subsection (4), subject to subsection (8).
(8)Subsection (7) does not apply in relation to a version of the statement if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the statement.
Commencement Information
I1S. 17 in force at 23.7.2019 by S.I. 2019/1096, reg. 2