Schedule 5
Health Bill [Lords]
9:30 am
Stephen O'Brien (Shadow Minister, Health; Eddisbury, Conservative)
I beg to move amendment 69, in schedule 5, page 55, line 26, at end insert—
‘(4) Where the Local Commissioner chooses not to disapply, he must write to the complainant giving reasons for his decision.’.
It is a great pleasure to resume under your chairmanship, Mr. Key, and to welcome the Minister back to his place —just!
As we discussed on Tuesday, the ombudsman has the power to waive the form and date limits on the complaint, if he wishes. I can see no obligation in the Bill for him to give reasons for choosing not to take forward a complaint. As the complaints procedure is intended to be taken up by the ombudsman—whose usual approach is primarily focused on maladministration—it is fair that he should give reasons where he “chooses not to disapply” the rules on form and content. Our amendment would place such a responsibility on the ombudsman, which would be good practice, in any case. I hope the Minister will confirm that when complaints are not taken forward, complainants will be given the reasons why.