39—(1) The Ombudsman may make a declaration of non-compliance in relation to a complaints handling procedure if subsection (2) or (3) applies.
(2) This subsection applies where the Ombudsman—
(a)has specified that a model CHP is relevant to a listed authority, and
(b)is of the opinion that a listed authority's complaints handling procedure does not comply with the model CHP.
(3) This subsection applies where the Ombudsman—
(a)has not specified that a model CHP is relevant to a listed authority, and
(b)is of the opinion that a listed authority's complaints handling procedure does not comply with the statement of principles.
(4) Where a declaration is made, the Ombudsman—
(a)must give reasons in writing,
(b)may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.
(5) Where a declaration is made, the listed authority must submit a description of its complaints handling procedure to the Ombudsman, having taken account of the reasons given under subsection (4)(a) and any modifications specified under subsection (4)(b), within 2 months of the declaration.
(6) The Ombudsman may withdraw a declaration at any time if the Ombudsman thinks fit.
Commencement Information
I1S. 39 in operation at 24.5.2021 by S.R. 2021/113, art. 3