Commentary on Sections Complaints Handling – the new system Section 140: Acceptance or rejection of determination
360.In determining a complaint the ombudsman is required to prepare a written statement of the determination (section 140(1)). Section 140(2) sets out the detail of what should be included in this statement, and section 140(3) lists the people and bodies to whom the statement must be supplied. If the determination is accepted by the complainant, it is binding on both parties (section 140(4)), and no further legal proceedings can be instituted with regard to the matter that was the subject of the complaint (section 140(11)); but if the complainant does not notify acceptance within the time specified for this purpose, the complainant is to be taken as having rejected the determination (section 140(5) and 140(8)). However, there may be circumstances where a person is unable to reply to the determination within the time specified and sections 140(6) and 140(7) provide for this. On acceptance or rejection by the complainant, the ombudsman must give notice to those parties set out in section 140(7), and the ombudsman’s certificate of determination is evidence that the determination was duly made under the scheme (sections 140(9) and 140(10)).