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The Social Housing Ombudsman (Wales) Regulations 2005

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Making a determination

8.—(1) Upon completion of an investigation of a complaint SHOW must make a written determination in respect of it.

(2) If, a determination concludes that the complainant has sustained injustice or hardship in consequence of the matter investigated, the social landlord must consider the determination and any recommendations made in it and notify SHOW in writing before the end of a period of one month from the date on which the social landlord receives the determination (or such longer period as SHOW may in writing permit):

(a)the action it has taken or proposes to take in response to the determination, and

(b)the period within which it proposes to take that action (if it has not already taken it).

(3) If SHOW has not received the notification required by paragraph (2) before the end of the period specified in that paragraph, or has received notification, but is not satisfied:

(a)with the action the social landlord has taken or proposes to take;

(b)with the period within which it proposes to take that action;

(c)that the social landlord has taken the action it proposed to take within the relevant period,

SHOW must prepare a special report in accordance with paragraph (4).

(4) A special report must contain the following:

(a)the determination in respect of the investigation; and

(b)the social landlord’s response to that determination; and

(c)such recommendations, if any, as SHOW sees fit with respect to the action which, in SHOW’s opinion should be taken by the social landlord:

(i)to remedy the injustice or hardship to the complainant; and

(ii)to prevent similar injustice or hardship being caused in the future.

(5) If a determination or special report –

(a)mentions the name of any person other than the social landlord in respect of which the complaint was made, or

(b)includes any particulars which, in the opinion of SHOW, are likely to identify any such person and which, in SHOW’s opinion, can be omitted without impairing the effectiveness of the determination or special report,

that information must not be included in a version of the determination or special report sent to a person under regulation 11(1) or published under regulation 11(2), subject to paragraph (6).

(6) Paragraph (5) does not apply in relation to a version of the determination or special report if, after taking account of the interests of the complainant and any other persons SHOW thinks appropriate, SHOW considers it to be in the public interest to include that information in that version of the determination or special report.

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