30 Procedure after investigation

(1)

Where, after making an investigation of a complaint made under section 28, an Ombudsman is of the opinion—

(a)

that the request made in accordance with section 12 should not have been refused; or

(b)

that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 of the Ombudsmen Act 1975 applies,—

the Ombudsman shall, subject to subsection (3) of this section,—

(c)

report his opinion and his reasons therefor to the appropriate department or interdepartmental venture or Minister of the Crown or organisation; and

(d)

subject to section 31, make such recommendations as he thinks fit; and

(e)

give to the complainant—

(i)

a copy of his recommendations (if any); and

(ii)

such other information as he thinks proper.

(2)

The Ombudsman shall also—

(a)

in the case of an investigation relating to a public service agency or an organisation named in Schedule 1 of the Ombudsmen Act 1975, send a copy of his report and recommendations to the Minister concerned; and

(b)

in the case of an organisation named in Schedule 1, send a copy of his report and recommendations to such Minister of the Crown as he considers appropriate.

(3)

Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

(4)

Except as provided in subsection (1), nothing in section 22 of the Ombudsmen Act 1975 shall apply in respect of a decision that may be investigated and reviewed under section 28(1) or section 28(2) of this Act.

Section 30(1)(c): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 30(2)(a): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 30(4): amended, on 1 April 1987, by section 16(3) of the Official Information Amendment Act 1987 (1987 No 8).