Reasons for refusal to conciliate, investigate or continue to investigate
15 Reasons for refusal to conciliate, investigate or continue to investigate
Where—
a complaint has been made to the Ombudsman under section 12 about the conduct of a public authority, and
the Ombudsman—
refuses to investigate the conduct complained of or to deal with the complaint by conciliation, or
discontinues an investigation of that conduct,
the Ombudsman shall inform the complainant in writing of his or her decision and the reasons for the decision.
However, if the complaint was made orally, the Ombudsman may inform the complainant orally of the Ombudsman’s decision and the reasons for the decision unless the complainant asks to be informed of the Ombudsman’s reason in writing.
Subsection (2) does not prevent the Ombudsman from informing the complainant in writing of the Ombudsman’s decision and the reasons for the decision in relation to a complaint made orally if the Ombudsman is satisfied that it is appropriate to do so in the circumstances.
Where the Ombudsman—
refuses to carry out any other investigation, or
refuses to deal with any other complaint, disclosure or allegation by conciliation, or
discontinues any other investigation,
the Ombudsman must inform the complainant, or the person who made the disclosure or allegation, in writing of the decision and the reasons for the decision.
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