Commentary on Sections Complaints Handling – the new system Section 133: Operation of the ombudsman scheme
346.This section provides for the detailed framework for the ombudsman scheme to be determined by the OLC in scheme rules. It allows the OLC the flexibility to adapt its procedures in line with changing notions of best practice. The rules made by the OLC under this section will determine how complaints are to be made and how they are investigated, considered and determined by the ombudsman. Procedures for making scheme rules, including requirements as to consent and prior consultation, are set out in sections 155 and 205.
347.Section 133(1) provides a broad duty to make scheme rules. Section 133(2) requires scheme rules to establish time limits for the making of complaints, and allows for the possibility of extension in circumstances specified in the rules. Section 133(3) lists areas in which the OLC may wish to make rules. This list is intended purely as an indicative one, and not to limit the breadth of the OLC’s power to make rules in other areas or to require them to make rules in the areas specified. Section 133(4) provides further detail about the circumstances in which rules may provide for complaints to be summarily dismissed (one of the matters listed in section 133(3)). Section 133(5) prevents the power to make scheme rules from being used to compel disclosure where a person could not be so compelled in civil proceedings before the High Court. Section 133(6) enables scheme rules to provide for awards of costs to bear interest at such rate as specified in or determined in accordance with the rules.