Section 21 - Obstruction and contempt: costs recovery
103.Section 21 gives the Ombudsman power to serve a costs recovery notice on a provider of health-related service where, in the course an investigation the Ombudsman has exercised the power under section 16 to investigate a health-related service and that provider has:
obstructed the Ombudsman; or
done something which would amount to contempt of court if the investigation were proceedings in the High Court.
104.A costs recovery notice requires the provider of the health-related service to pay the Ombudsman any costs incurred by the Ombudsman as a result of the obstruction or act that would amount to contempt. The costs that the Ombudsman can recover under this section include the costs of obtaining any expert advice (section 21(5).
105.Section 21 sets out a series of requirements in relation to the costs recovery process. These include requirements about the content of the notice, timescales for payment, and the right of appeal to the magistrates’ court. Section 21(12) sets out the grounds for appealing against a costs recovery notice.
