Part 6

Legal Complaints

Determinations under the scheme

Acceptance or rejection of determination
140
1
When an ombudsman has determined a complaint the ombudsman must prepare a written statement of the determination.
2
The statement must—
a
give the ombudsman's reasons for the determination,
b
be signed by the ombudsman, and
c
require the complainant to notify the ombudsman, before a time specified in the statement (“the specified time”), whether the complainant accepts or rejects the determination.
3
The ombudsman must give a copy of the statement to—
a
the complainant,
b
the respondent, and
c
any relevant authorising body in relation to the respondent.
4
If the complainant notifies the ombudsman that the determination is accepted by the complainant, it is binding on the respondent and the complainant and is final.
5
If, by the specified time, the complainant has not notified the ombudsman of the complainant's acceptance or rejection of the determination, the complainant is to be treated as having rejected it.
6
But if—
a
the complainant notifies the ombudsman after the specified time that the determination is accepted by the complainant,
b
the complainant has not previously notified the ombudsman of the complainant's rejection of the determination, and
c
the ombudsman is satisfied that such conditions as may be prescribed by the scheme rules for the purposes of this subsection are satisfied,
the determination is treated as if it had never been rejected by virtue of subsection (5).
7
The ombudsman must give notice of the outcome to—
a
the complainant,
b
the respondent, and
c
any relevant authorising body in relation to the respondent.
8
Where a determination is rejected by virtue of subsection (5), that notice must contain a general description of the effect of subsection (6).
9
A copy of the determination on which appears a certificate signed by an ombudsman is evidence that the determination was made under the scheme.
10
Such a certificate purporting to be signed by an ombudsman is to be taken to have been duly signed unless the contrary is shown.
11
Neither the complainant nor the respondent, in relation to a complaint, may institute or continue legal proceedings in respect of a matter which was the subject of a complaint, after the time when a determination by an ombudsman of the complaint becomes binding and final in accordance with this section.
S. 140 partly in force; s. 140 not in force at Royal Assent see s. 211; s. 140(6)(c) in force at 1.1.2009 by S.I. 2008/3149, art. 2(e)(i)
S. 140(1)-(5) (6)(a) (b) (7)-(11) in force at 6.10.2010 by S.I. 2010/2089, art. 2(a)