447.The ombudsman will make a decision about the complaint on the basis of what he considers is fair and reasonable in the circumstances. The scheme operator has the power under paragraph 14 of Schedule 17 to specify the matters that can be taken into account when determining what is fair and reasonable. The ombudsman must make a written statement of his reasons for the decision, and must also require the claimant to accept or reject the decision by a specified date. If the complainant accepts the ombudsman’s decision, then it is binding on both the complainant and the respondent.
Commentary on Sections Part Xvi: the Ombudsman Scheme Section 228: Determination under the compulsory jurisdiction