Office of Public Sector Information
PART III continued
(1)Subject to the provisions of this Part of this Act where a written complaint is made by or on behalf of a member of the public who claims to have sustained injustice in consequence of maladministration in connection with action taken by or on behalf of an authority to which this Part of this Act applies, being action taken in the exercise of administrative functions of that authority, a Local Commissioner may investigate that complaint.
(2)A complaint shall not be entertained under this Part of this Act unless [F1it is made in writing to the Local Commissioner specifying the action alleged to constitute maladministration or]—
(a)it is made in writing to a member of the authority, or of any other authority concerned, specifying the action alleged to constitute maladministration, and
(b)it is referred to the Local Commissioner, with the consent of the person aggrieved, or of a person acting on his behalf, by that member, or by any other person who is a member of any authority concerned, with a request to investigate the complaint.
(3)If the Local Commissioner is satisfied that any member of any authority concerned has been requested to refer the complaint to a Local Commissioner, and has not done so, the Local Commissioner may, if he thinks fit, dispense with the requirements in subsection (2)(b) above.
(4)A complaint shall not be entertained unless it was made to [F2the Local Commissioner or] a member of any authority concerned within twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint, but a Local Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that [F3it is reasonable] to do so.
(5)Before proceeding to investigate a complaint, a Local Commissioner shall satisfy himself that the complaint has been brought, by or on behalf of the person aggrieved, to the notice of the authority to which the complaint relates and that that authority has been afforded a reasonable opportunity to investigate, and reply to, the complaint.
(6)A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,—
(a)any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;
(b)any action in respect of which the person aggrieved has or had a right of appeal to a Minister of the Crown [F4or the National Assembly for Wales]; or
(c)any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:
Provided that a Local Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the person aggrieved to resort or have resorted to it.
(7)A Local Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the [F5following area—
[F6(aa)where the complaint relates to a National Park authority, the area of the Park for which it is such an authority;]
(a)where the complaint relates to the Commission for the New Towns, the area of the new town or towns to which the complaint relates;
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(ba)where the complaint relates to the Urban Regeneration Agency, any designated area within the meaning of Part III of the Leasehold Reform, Housing and Urban Development Act 1993;]
(c)in any other case, the area of the authority concerned.]
(8)Without prejudice to the preceding provisions of this section, a Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act.
(9)Her Majesty may by Order in Council amend the said Schedule 5 so as to [F9add to or exclude from the provisions of that Schedule (as it has effect for the time being)] such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10)In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the preceding provisions of this section, act at discretion; and any question whether a complaint is duly made under this Part of this Act shall be determined by the Local Commissioner.
[F10(11)In this section—
(a)references to a person aggrieved include references to his personal representatives; and
(b)references to a member of an authority concerned include, in the case of a complaint relating to a joint authority established by Part IV of the Local Government Act 1985, references to a member of a constituent council of that authority.]
(12)A complaint shall not be entertained under this Part of this Act if and so far as it is in respect of anything done before 1st April 1974, or in respect of any default or alleged default first arising before that date.
[F11(13)A complaint as regards an authority mentioned in section 25(1)(ba), (bb) F12. . . or (bd) above shall not be entertained under this Part of this Act if and so far as it is in respect of anything done before the coming into force of Schedule 3 to the Local Government Act 1988, or in respect of any default or alleged default first arising before its coming into force; and subsection (12) above shall have effect subject to this.]
F1Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(2)
F2Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(3)(7)
F3Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(3)(7)
F4Words in s. 26(6)(b) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 13 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F5S. 26(7)(a)–(c) and words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(4)
F6S. 26(7)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 18(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7, Sch. 23 para. 12)
F7S. 26(7)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F8S. 26(7)(ba) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(2); S.I. 1993/2762, art. 3.
F9Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(5)
F10S. 26(11) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(b)
F11S. 26(13) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(6)
F12Words in s. 26(13) repealed (1.10.1998) by 1998 c. 38, S. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
C1s. 26 modified by S.I. 1991/559, art. 2(3) and art. 2(5)
C2S. 26 modified by S.I. 1986/452, art. 8(3)(5)
C3S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k)
C4S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k)
(1)A complaint under this Part of this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—
(a)a local authority or other authority or body constituted for purposes of the public service or of local government [F1(including the National Assembly for Wales)], or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;
(b)any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department [F2or by the National Assembly for Wales], or whose revenues consist wholly or mainly of moneys provided by Parliament [F2or the National Assembly for Wales].
(2)Where the person by whom a complaint might have been made under the preceding provisions of this Part of this Act has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or by some body or individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this Part of this Act unless made by the person aggrieved himself.
F1Words in s. 27(1)(a) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(a)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F2Words in s. 27(1)(b) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
C1S. 27: s. 26-34 modified by S.I. 1991/559, art. 2(3)
C2Ss. 27–30 modified by S.I. 1986/452, art. 8(3)
(1)Where a Local Commissioner proposes to conduct an investigation pursuant to a complaint, he shall afford to the authority concerned, and to any person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.
(2)Every such investigation shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Local Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the preceding provision the Local Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented (by counsel or solicitor or otherwise) in the investigation.
(3)The Local Commissioner may, if he thinks fit, pay to the person by whom the complaint was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part of this Act—
(a)sums in respect of the expenses properly incurred by them;
(b)allowances by way of compensation for the loss of their time,
in accordance with such scales and subject to such conditions as may be determined by [F1the Treasury].
(4)The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned, or any power or duty of that authority to take further action with respect to any matters subject to the investigation.
F1Words substituted by virtue of S.I. 1981/1670, arts. 2(3), 3(5)
C1S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
C2Ss. 27–30 modified by S.I. 1986/452, art. 8(3)
C3S. 28 power to apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 70(2), 108(4)-(6); S.I. 2000/2948, art. 2
(1)For the purposes of an investigation under this Part of this Act a Local Commissioner may require any member or officer of the authority concerned, or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such documents.
(2)For the purposes of any such investigation a Local Commissioner shall have the same powers as the High Court in respect of the attendance and examination of witnesses, and in respect of the production of documents.
(3)A Local Commissioner may, under subsection (1) above, require any person to furnish information concerning communications between the authority concerned and any Government department [F1or the National Assembly for Wales], or to produce any correspondence or other documents forming part of any such written communications.
(4)No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information in accordance with subsection (3) above; and where that subsection applies the Crown shall not be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.
(5)Nothing in subsection (1) or subsection (3) above affects—
(a)the restriction, imposed by section 11(2) of the M1Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers;
[F2(aa)the restriction, imposed by paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998, on the disclosure of information by the Welsh Administration Ombudsman or members of his staff;]or
(b)the restriction, imposed by [F3section 15 of the Health Service Commissioners Act 1993], on the disclosure of information by the Health Service Commissioner for England or the Health Service Commissioner for Wales, or by their officers.
(6)To assist him in any investigation, a Local Commissioner may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine with the approval of [F4the Treasury].
(7)Subject to subsection (4) above, no person shall be compelled for the purposes of an investigation under this Part of this Act to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.
(8)If any person without lawful excuse obstructs a Local Commissioner in the performance of his functions under this Part of this Act, or any officer of the Commission assisting in the performance of those functions, or is guilty of any act or omission in relation to an investigation under this Part of this Act which, if that investigation were a proceeding in the High Court, would constitute contempt of court, the Local Commissioner may certify the offence to the High Court.
(9)Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the High Court could deal with him if he had committed the like offence in relation to the High Court.
(10)Nothing in subsection (8) above shall be construed as applying to the taking of any such action as is mentioned in section 28(4) above.
F1Words in s. 29(3) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 15(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F2S. 29(5)(aa) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 15(2) (with ss. 137(1), 143(2)); S.I. 1999/782, art. 2
F3Words in s. 29(5)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 3.
F4Words substituted by virtue of S.I. 1981/1670, arts. 2(3), 3(5)
C1S. 29: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
C2Ss. 27–30 modified by S.I. 1986/452, art. 8(3)
C3S. 29 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I
M11967 c. 13.
(1)In any case where a Local Commissioner conducts an investigation, or decides not to conduct an investigation, he shall send a report of the results of the investigation, or as the case may be a statement of his reasons for not conducting an investigation—
(a)to the person, if any, who referred the complaint to the Local Commissioner in accordance with section 26(2) above, and
(b)to the complainant, and
(c)to the authority concerned, and to any other authority or person who is alleged in the complaint to have taken or authorised the action complained of.
(2)Where the complaint was referred by a person who was a member of an authority but who has since ceased to be a member of that authority, the report or statement shall be sent to the chairman, or, as the case may be, mayor of that authority.
[ F1(2AA)If the authority concerned is the Greater London Authority—
(a)the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and
(b)in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.]
[F2(2AB)Where an authority are operating executive arrangements which involve a mayor and cabinet executive or mayor and council manager executive, subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.]
F3(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Apart from identifying the authority or authorities concerned, the report shall not, except where subsection (3A) below applies,—
(a)mention the name of any person, or
(b)contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Local Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.
[ F4(3AA)Nothing in subsection (3) above prevents a report—
(a)mentioning the name of, or
(b)containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.]
(3A)Where the Local Commissioner is of the opinion—
(a)that action constituting maladministration was taken which involved a member of the authority concerned, and
(b)that the member’s conduct constituted a breach of the National Code of Local Government Conduct,
then, unless the Local Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.
(4)Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from, the report when so made available.
[F5(4A)Subject to subsection (7) below, the authority concerned shall supply a copy of the report to any person on request if he pays such charge as the authority may reasonably require.]
(5)Not later than [F6two weeks] after the report is received by the authority concerned, the proper officer of the authority shall give public notice, by advertisement in newspapers and such other ways as appear to him appropriate, that [F7copies of the report will be available as provided by subsections (4) and (4A)] above, and shall specify the date, being a date [F8not more than one week after the public notice is first given], from which the period of three weeks will begin.
(6)If a person having the custody of a report made available for inspection as provided by subsection (4) above obstructs any person seeking to inspect the report, or to make a copy of, or extract from, the report, he shall be liable on summary conviction to a fine not exceeding [F9level 3 on the standard scale].
(7)The Local Commissioner may, if he thinks fit after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, direct that a report specified in the direction shall not be subject to the provisions of subsections (4) [F10, (4A) and (5) above].
[ F11(8)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.]
F1S. 30(2AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)
F2S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1)
F3S. 30(2A) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. V (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F4S. 30(3AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)
F5S. 30(4A) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(2)(5)
F6Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(a)(5)
F7Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(b)(5)
F8Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(c)(5)
F9Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F10Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(4)(5)
F11S. 30(8) added (8.5.2000) by 1999 c. 29, s. 74(1)(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)
C1S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
C2Ss. 27–30 modified by S.I. 1986/452, art. 8(3)
C3S. 30(3A) applied (with modfications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I
[F1(1)This section applies where a Local Commissioner reports that injustice has been caused to a person aggrieved in consequence of maladministration.
(2)The report shall be laid before the authority concerned and it shall be the duty of that authority to consider the report and, within the period of three months beginning with the date on which they received the report, or such longer period as the Local Commissioner may agree in writing, to notify the Local Commissioner of the action which the authority have taken or propose to take.
(2A)If the Local Commissioner—
(a)does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or
(b)is not satisfied with the action which the authority concerned have taken or propose to take, or
(c)does not within a period of three months beginning with the end of the period so allowed, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,
he shall make a further report setting out those facts and making recommendations.
(2B)Those recommendations are such recommendations as the Local Commissioner thinks fit to make with respect to action which, in his opinion, the authority concerned should take to remedy the injustice to the person aggrieved and to prevent similar injustice being caused in the future.
(2C)Section 30 above, with any necessary modifications, and subsection (2) above shall apply to a report under subsection (2A) above as they apply to a report under that section.
(2D)If the Local Commissioner—
(a)does not receive the notification required by subsection (2) above as applied by subsection (2C) above within the period allowed by or under that subsection or is satisfied before the period allowed by that subsection has expired that the authority concerned have decided to take no action, or
(b)is not satisfied with the action which the authority concerned have taken or propose to take, or
(c)does not within a period of three months beginning with the end of the period allowed by or under subsection (2) above as applied by subsection (2C) above, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,
he may, by notice to the authority, require them to arrange for a statement to be published in accordance with subsections (2E) and (2F) below.
(2E)The statement referred to in subsection (2D) above is a statement, in such form as the authority concerned and the Local Commissioner may agree, consisting of—
(a)details of any action recommended by the Local Commissioner in his further report which the authority have not taken;
(b)such supporting material as the Local Commissioner may require; and
(c)if the authority so require, a statement of the reasons for their having taken no action on, or not the action recommended in, the report.
(2F)The requirements for the publication of the statement are that—
(a)publication shall be in any two editions within a fortnight of a newspaper circulating in the area of the authority agreed with the Local Commissioner or, in default of agreement, nominated by him; and
(b)publication in the first such edition shall be arranged for the earliest practicable date.
Local Government Act 1974