Northern Ireland Commissioner for Prison Complaints: treatment of complaints

‘(1) This section applies where a complaint is made to the Commissioner.

(2) The Commissioner shall—

(a) consider the eligibility of the complaint, and

(b) unless it is rejected as being ineligible, take appropriate action to deal with the complaint.

The duty under paragraph (b) is subject to the following provisions of this section.

(3) The action which may be taken by the Commissioner to deal with the complaint is—

(a) investigating the complaint, or

(b) taking, or facilitating the taking by another person of, any other action (such as mediation or conciliation) which the Commissioner considers may result in the resolution of the complaint,

or any combination of the actions mentioned in paragraph (a) and (b).

(4) The Commissioner shall reject the whole or any part of the complaint if—

(a) when considering the eligibility of the complaint under subsection (2), or

(b) at any time before the complaint has been fully dealt with,

the Commissioner decides that the complaint or part of the complaint is ineligible.

(5) The Commissioner need not decide that the whole or any part of the complaint is ineligible so long as the Commissioner considers that it is or might be eligible.

(6) The Commissioner may (for any reason not relating to eligibility) decline to take, defer or stop taking action to deal with the whole or any part of the complaint.

(7) Where the Commissioner—

(a) rejects part of a complaint, or

(b) declines to take or stops taking action to deal with part of a complaint,

the rest of the complaint shall be dealt with subsequently as if it were the complaint made by the complainant.

(8) Where—

(a) the whole or any part of a complaint has been rejected, or

(b) a power under subsection (7)(b) has been exercised,

the Commissioner may decide to re-open (and take action or further action under subsection (3) to deal with) the whole or any part of the complaint.

(9) But a complaint or part of a complaint may not be re-opened unless the Commissioner considers that it is or might be eligible.

(10) Where part of a complaint is re-opened it may be dealt with subsequently as if it were a separate complaint made by the complainant.

(11) If the Commissioner decides—

(a) to reject the whole or any part of the complaint,

(b) to take any step mentioned in subsection (6) or (8),

the Commissioner shall notify the complainant (with a brief statement of the reasons for the decision) and may notify such other persons as the Commissioner thinks fit.

(12) Notification under subsection (11) may be given orally.

(13) If the complainant has died or is unable to act, the reference in subsection (11) to the complainant is to be read as a reference to the person who appears to the Commissioner to be the most appropriate person to receive the notification.

(14) Subject to the provisions of this section, it is for the Commissioner to determine the procedures applicable to anything which is to be done in relation to the complaint.’.—[Maria Eagle.]

Brought up, read the First and Second time, and added to the Bill.