59Circumstances in which special reports may be preparedE+W
(1)The Ombudsman may prepare a special report under section 60 if case 1, 2 or 3 applies.
(2)Case 1 applies if—
(a)the Ombudsman has concluded in an investigation report that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, and
(b)one of the circumstances in subsection (3) applies.
(3)The circumstances are that—
(a)the Ombudsman has not received the notification required under section 57 before the end of the period permitted under that section;
(b)the Ombudsman has received that notification but is not satisfied with—
(i)the action which the provider has taken or proposes to take, or
(ii)the period before the end of which the provider proposes to have taken that action;
(c)the Ombudsman has received that notification but is not satisfied that the provider has, before the end of the permitted period, taken the action that the provider proposed to take.
(4)In subsection (3)(c) “the permitted period” means—
(a)the period referred to in section 57(2)(b), or
(b)a longer period specified by the Ombudsman in writing (if any).
(5)Case 2 applies if—
(a)the Ombudsman has prepared a report under section 58 by virtue of subsection (2) of that section, and
(b)the Ombudsman is not satisfied that the provider has implemented the Ombudsman's recommendations before the end of the permitted period.
(6)In subsection (5)(b) “the permitted period” means—
(a)the period referred to in section 58(2)(b), or
(b)a longer period specified by the Ombudsman in writing (if any).
(7)Case 3 applies if—
(a)a matter (which the Ombudsman is entitled to investigate) in respect of a provider has been resolved,
(b)in resolving the matter, the Ombudsman has concluded that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter,
(c)the provider has agreed to take particular action before the end of a particular period, and
(d)the Ombudsman is not satisfied that the provider has taken that action before the end of the permitted period.
(8)In subsection (7)(d) “the permitted period” means—
(a)the period referred to in subsection (7)(c), or
(b)a longer period specified by the Ombudsman in writing (if any).
Commencement Information
I1S. 59 in force at 23.7.2019 by S.I. 2019/1096, reg. 2