Section 37 - Model complaints-handling procedures
144.This section enables the Ombudsman (after consultation) to publish model complaints handling procedures (“model CHPs”) for listed authorities. Model CHPs must also comply with the statement of principles published by the Ombudsman under section 36.
145.A model CHP published by the Ombudsman may not require a listed authority to do something if the listed authority lacks powers (other than by virtue of the Act) to comply with the requirement (section 37(5)(a).
146.Also, a model CHP published by the Ombudsman may not conflict with any enactment (including codes, guidance and schemes etc. made under an enactment) that applies to the listed authority (section 37(5)(b)). For example, a model CHP could not be inconsistent with the statutory requirements set out in the Putting Things Right complaints regime that applies to NHS bodies in Wales.
147.Subsection (6) permits the Ombudsman to revise and republish any model CHP but requires the Ombudsman to notify certain listed authorities before doing so. Subsection (7) sets out the effect of a revision and republication on any specification made under section 38(1) in relation to the model CHP.
148.If the Ombudsman withdraws a model CHP, any related specifications under section 38(1) cease to have effect (section 37(9)(b)(I)).
