Section 15: Decisions taken without maladministration
66.Section 15(1) provides that the Ombudsman cannot question the merits of any decision taken by a listed authority in the exercise of any discretion if that decision was taken without maladministration. Consequently, unless there has been delay, bias, neglect, turpitude etc. on the listed authority’s part, the Ombudsman cannot question that decision. So where a listed authority has, without maladministration, reached a policy decision in which it has weighed up all relevant matters (including, for example, resources), the Ombudsman is not entitled to question that decision.
67.Section 15(2) sets out an exception to the rule in section 15(1). It allows the Ombudsman to question the merits of a decision taken without maladministration if the decision is taken in consequence of the exercise of professional judgement which appears to the Ombudsman to be exercisable in connection with the provision of:
health care, or
social care.