Commentary on Sections Complaints Handling – the new system Section 122: Appointment of Chief Ombudsman and assistant ombudsmen
332.This section sets out the appointment process whereby the OLC must appoint a person (who must be a lay person, and who will cease to hold office if that person ceases to be a lay person) to act as Chief Ombudsman. The OLC may also appoint assistant ombudsmen with the consent of the Chief Ombudsman. Any person appointed must (by virtue of section 122(4)) have appropriate qualifications and experience. Although assistant ombudsmen, unlike the Chief Ombudsman, are not required to be lay persons, section 122(3) specifies that assistant ombudsmen must not carry out any reserved legal activity for reward during their period of appointment and section 122(7) requires the assistant ombudsman’s terms and conditions to set out what consequences may ensue on breach of this condition. Section 122(8) makes provision for the terms and conditions of any ombudsman’s appointment to be such as will ensure their independence, and section 122(9) (related to paragraph 27 of Schedule 15) makes it clear that an ombudsman is not a Crown servant.