Functions of the Commissioner

Review of advocacy, complaint, inspection and whistle-blowing arrangements of relevant authorities in individual cases
6
1
Subject to subsections (2) and (3), the Commissioner may review the operation of any arrangements to which this section applies in the case of a particular older person (or, as regards inspection arrangements, in the case of any particular premises).
2
The Commissioner may not exercise the Commissioner's power under subsection (1) in relation to the operation of any arrangements made by a relevant authority in the case of a particular older person unless the Commissioner has reasonable grounds to believe that—
a
the arrangements in question were ineffective in safeguarding and promoting the interests of the older person concerned; or
b
those arrangements did not operate, or were operated incorrectly, in relation to the older person concerned.
3
The Commissioner may not review the operation of the inspection arrangements made by a relevant authority unless it appears to the Commissioner that there is no other body or person likely to review those arrangements.
4
The power conferred by subsection (1) to review the operation of any arrangements includes power to review the failure of any such arrangements to operate.
5
Where a relevant authority has failed to make any arrangements of a kind mentioned in subsection (1), the Commissioner may assess the effect of that failure on any particular older person.
S. 6 in operation at 1.12.2012 by S.R. 2012/388, art. 2(e)
Ss. 2-29: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))