Constitutional Reform Act 2005

Applications for review and references

110 Applications to the Ombudsman

(1) This section applies if an interested party makes an application to the Ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been—

(a) a failure to comply with prescribed procedures, or

(b) some other maladministration.

(2) The Ombudsman must carry out a review if the following three conditions are met.

(3) The first condition is that the Ombudsman considers that a review is necessary.

(4) The second condition is that—

(a) the application is made within the permitted period,

(b) the application is made within such longer period as the Ombudsman considers appropriate in the circumstances, or

(c) the application is made on grounds alleging undue delay and the Ombudsman considers that the application has been made within a reasonable time.

(5) The third condition is that the application is made in a form approved by the Ombudsman.

(6) But the Ombudsman may not review the merits of a decision made by any person.

(7) If any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the Ombudsman—

(a) may not carry out a review, and

(b) must inform the applicant accordingly.

(8) In this section and sections 111 to 113, “regulated disciplinary function” means any of the following—

(a) any function of the Lord Chancellor that falls within section 108(1);

(b) any function conferred on the Lord Chief Justice by section 108(3) to (7);

(c) any function exercised under prescribed procedures in connection with a function falling within paragraph (a) or (b).

(9) In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function—

• “interested party” means—

  (a)

  the judicial office holder in relation to whose conduct the function is exercised, or

  (b)

  any person who has made a complaint about that conduct in accordance with prescribed procedures;

• “permitted period” means the period of 28 days beginning with the latest of—

  (a)

  the failure or other maladministration alleged by the applicant;

  (b)

  where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation;

  (c)

  where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination.

(10) References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.

111 Review by the Ombudsman

(1) Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—

(a) on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;

(b) decide what if any action to take under subsections (2) to (7).

(2) If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.

(3) A recommendation under subsection (2) may be for the payment of compensation.

(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.

(5) If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.

(6) If a determination is set aside under subsection (5)—

(a) the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and

(b) for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.

(7) Subsection (6) is subject to any direction given by the Ombudsman under this subsection—

(a) for a previous investigation or review to be taken into account to any extent, or

(b) for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.

(8) This section is subject to section 112.

112 Reports on reviews

(1) In this section references to the Ombudsman’s response to an application are references to the findings and decisions referred to in section 111(1).

(2) Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.

(3) The draft report must state the Ombudsman’s proposed response.

(4) The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

(5) If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman’s response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

(6) The Ombudsman must produce a final report that sets out—

(a) the Ombudsman’s response to the application, including any changes made to it to give effect to a proposal under subsection (5);

(b) a statement of any proposal under subsection (5) that is not given effect to.

(7) The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

(8) The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—

(a) which relates to an identified or identifiable individual other than the applicant, and

(b) whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 139.

(9) Each copy must be signed by the Ombudsman.

(10) No part of the Ombudsman’s response to an application has effect until he has complied with subsections (2) to (9).

113 References to the Ombudsman relating to conduct

(1) The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.

(2) A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.

114 Reports on references

(1) Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.

(2) If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.

(3) The draft report must state the Ombudsman’s proposals as to—

(a) the findings he will make;

(b) any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.

(4) Those findings and recommendations are referred to in this section as the Ombudsman’s response on the investigation.

(5) The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

(6) If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman’s response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

(7) The Ombudsman must produce a final report that sets out—

(a) the Ombudsman’s response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);

(b) a statement of any proposal under subsection (6) that is not given effect to.

(8) The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

(9) Each copy must be signed by the Ombudsman.