Section 39 - Declarations of non-compliance
152.This section enables the Ombudsman to declare that a complaints-handling procedure of a specified listed authority does not comply with the relevant model CHP which the Ombudsman has specified (under section 38) as being relevant to that authority. It also enables the Ombudsman to declare, in those circumstances where no model CHP has been specified in relation to a listed authority, that the authority’s complaints-handing procedure does not comply with the statement of principles.
153.Before publishing a declaration under this section, the Ombudsman must give reasons for making the declaration and may also specify changes that would result in the declaration being withdrawn.
154.The listed authority must send its complaints-handling procedure to the Ombudsman within 2 months of the declaration, having taken account of the reasons given by the Ombudsman for making the declaration and any changes specified by the Ombudsman as being ones which would result in the declaration being withdrawn.
155.The Ombudsman must publish declarations made under subsections (1) and (2) on the Ombudsman’s website (section 39(3)) and may withdraw such declarations at any time (section 39(6)).
