Determination of complaints
8
1
The matters which must be included in any determination of a complaint are—
a
the function or functions which the investigating authority has identified as relating to the subject matter of the complaint;
b
the names of any service provider or authority which is or was responsible for exercising those functions;
c
the names of any service provider or authority which has provided information or assistance in relation to the investigation of the complaint in accordance with article 6;
d
the reasons for any refusal to provide agreement as mentioned in article 6(3);
e
the investigating authority’s findings in relation to the complaint;
f
the reasons for those findings;
g
details of—
i
any action which the investigating authority has taken or which it intends to take as a result of the complaint; and
ii
any action which the investigating authority recommends should be taken by any other service provider or authority as a result of the complaint; and
h
the ability of the person aggrieved to complain to the Ombudsman in accordance with the 2002 Act.
2
Where another service provider or authority has provided information or assistance in relation to the investigation of a complaint in accordance with article 6, the investigating authority must—
a
seek to agree the proposed terms of any determination of the complaint with each such service provider or authority before sending it to the person aggrieved; and
b
provide each such service provider or authority with a copy of the final determination as it has been sent to the person aggrieved.
3
A service provider or authority which declines to give agreement as mentioned in paragraph (2)(a) must provide the investigating authority with its reasons for doing so in writing.
4
Any determination of a complaint must not—
a
mention the name of any individual; or
b
contain any particulars which, in the investigating authority’s opinion, are likely to identify any individual,
unless the investigating authority determines that it is necessary to do so.