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Public Services Ombudsman Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Declaration of non-compliance of complaints handling procedure

This section has no associated Explanatory Notes

39.—(1) The Ombudsman may make a declaration of non-compliance in relation to a complaints handling procedure if subsection (2) or (3) applies.

(2) This subsection applies where the Ombudsman—

(a)has specified that a model CHP is relevant to a listed authority, and

(b)is of the opinion that a listed authority’s complaints handling procedure does not comply with the model CHP.

(3) This subsection applies where the Ombudsman—

(a)has not specified that a model CHP is relevant to a listed authority, and

(b)is of the opinion that a listed authority’s complaints handling procedure does not comply with the statement of principles.

(4) Where a declaration is made, the Ombudsman—

(a)must give reasons in writing,

(b)may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.

(5) Where a declaration is made, the listed authority must submit a description of its complaints handling procedure to the Ombudsman, having taken account of the reasons given under subsection (4)(a) and any modifications specified under subsection (4)(b), within 2 months of the declaration.

(6) The Ombudsman may withdraw a declaration at any time if the Ombudsman thinks fit.

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