Section 51 - Decisions not to investigate complaints or to discontinue investigations
194.Section 51 provides that the Ombudsman must prepare a statement of reasons in relation to any decision by the Ombudsman not to begin, or to discontinue, an investigation into a complaint or an own initiative investigation in relation to which the Ombudsman has consulted a person under section 44(3)(c).
195.Such a decision may be made, for example, where the Ombudsman has resolved a matter through alternative means under section 46 and has therefore decided not to undertake a formal investigation.
196.Under section 51(2), the Ombudsman must send a copy of that statement to:
any person who made a complaint to the Ombudsman; and
the provider to whom the matter relates.
197.Under section 51(3) the Ombudsman may also send a copy of the statement to any other person the Ombudsman considers appropriate.
198.The Ombudsman may publish such a statement if the Ombudsman considers that it is in the public interest to do so. In reaching this view, the Ombudsman must take account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate.
199.Sections 51(7) and (8) prohibit the Ombudsman from sending out or publishing a statement that:
names any person (other than the provider to whom the matter relates); or
includes information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the opinion of the Ombudsman, can be omitted from the statement without impairing its effectiveness,
unless the Ombudsman considers that it is in the public interest to include such a name or identifying particulars.
200.This prohibition does not apply in relation to the version of the statement sent to the person aggrieved (if any).
