Recommendation 8

It is necessary for complaints to the PHSO to be time-limited, as there needs to be some level of certainty about when matters that could potentially be complained about can no longer be taken forward. However, the Committee’s view is that if an organisation cannot demonstrate that it has informed complainants in good time of their ability to refer a complaint to the PHSO, then this should be a material consideration in whether the Ombudsman decides to use his discretion to investigate the complaint despite being out-of-time under the legislation. The PHSO should report to the Committee annually about the number of cases that have been “timed out” and how often and why the Ombudsman’s discretion has been used.