Finalising the investigation s 12 (1) If at the conclusion of the investigation you decide not to investigate the matter further, you must inform the agency of your decision and the reasons for it under s 12 (1) of the Act. You must also inform the complainant if the investigation relates to an open complaint. Quick checklist: Basic structure of formal reports Basic structure of formal reports Formal reports should comply with our style and presentation guidelines. While there is no set format the following structure is generally appropriate: complaint background investigation issues conclusions. Lengthy reports should with an Executive Summary setting out the background and conclusions. Obligations under s 8 (5) The statutory right under s 8 (5) of the Ombudsman Act allows people and agencies who are criticised the choice of making an oral or written submission before we proceed with a formal report under s 15. Some issues for IOs to consider in undertaking the s 8(5) process include: WHO you need to contact: Does the draft report contain implied or actual criticism of individual agency officers? If yes, you will need to provide a s 8 (5) opportunity to appear or make submissions. Can you identify who these people are and where they work/ed? WHAT you need to do: Go through the draft report carefully to prepare the extracts relevant to that person and only that person (delete critical references to the actions of other people or the agency). WHAT you should include: You only have to provide extracts that are critical of the person/organisation. However, you may choose to include other extracts as context. If there are more than a few paragraphs in total, you should provide the extracts in a schedule attached to the letter. If the schedule is long you may wish to highlight those paragraphs that contain the criticism (compared with those included for context and information only). HOW will you contact these people? Have you interviewed them and therefore already have current contact details? If not, do you know how you can get in contact with them? It is recommended that you try to contact people by telephone anonymously first. This could include using the agency’s switchboard number and asking to be connected to the individual without identifying from where you are calling. Once you are connected to the individual you can explain that you need to send them extracts from a draft Ombudsman report and
Finalising the investigation s 12 (1) If at the conclusion of the investigation you decide not to investigate the matter further, you must inform the agency of your decision and the reasons for it under s 12 (1) of the Act. You must also inform the complainant if the investigation relates to an open complaint. Quick checklist: Basic structure of formal reports Basic structure of formal reports Formal reports should comply with our style and presentation guidelines. While there is no set format the following structure is generally appropriate: complaint background investigation issues conclusions. Lengthy reports should with an Executive Summary setting out the background and conclusions. Obligations under s 8 (5) The statutory right under s 8 (5) of the Ombudsman Act allows people and agencies who are criticised the choice of making an oral or written submission before we proceed with a formal report under s 15. Some issues for IOs to consider in undertaking the s 8(5) process include: WHO you need to contact: Does the draft report contain implied or actual criticism of individual agency officers? If yes, you will need to provide a s 8 (5) opportunity to appear or make submissions. Can you identify who these people are and where they work/ed? WHAT you need to do: Go through the draft report carefully to prepare the extracts relevant to that person and only that person (delete critical references to the actions of other people or the agency). WHAT you should include: You only have to provide extracts that are critical of the person/organisation. However, you may choose to include other extracts as context. If there are more than a few paragraphs in total, you should provide the extracts in a schedule attached to the letter. If the schedule is long you may wish to highlight those paragraphs that contain the criticism (compared with those included for context and information only). HOW will you contact these people? Have you interviewed them and therefore already have current contact details? If not, do you know how you can get in contact with them? It is recommended that you try to contact people by telephone anonymously first. This could include using the agency’s switchboard number and asking to be connected to the individual without identifying from where you are calling. Once you are connected to the individual you can explain that you need to send them extracts from a draft Ombudsman report and
Work-Practices-Manual-Updated-December-2017-Legal-Team.docx