Schedule 5
Health Bill [Lords]
9:30 am
Mike O'Brien (Minister of State (Health Services), Department of Health; North Warwickshire, Labour)
The powers in the Bill to disapply the specified requirements mirror those in the legislation governing complaints about local authority social services. Those arrangements work well. The ombudsman operates a flexible approach, often using his discretionary powers for the benefit of the complainant. Every complaint involves a dialogue between the ombudsman and the complainant at an early stage. It would be apparent very early, through this process of dialogue, whether disapplying the specified requirements was necessary. As that dialogue already occurs, an additional requirement to explain a decision not to disapply in writing seems unnecessary. The aim and practice is that by the time the dialogue has been completed, the complainant is aware of why a decision has been made. That is how things have operated up to now and we want that process to continue to apply.