Compliance Manual

Non-compliance with final reports 

Part III cases where the body in jurisdiction refuses to agree remedy after final report issued (response to be received within 3 months)

We should write to the body in jurisdiction explaining the options available to it. This should make it clear it can only challenge our findings by judicial review; that has to give clear reasons why not implementing our recommended remedy and these should be agreed at senior member level.

If the body in jurisdiction still refuses remedy, consider moving to further report. This decision should be made in consultation with the Ombudsman. 

If after further report the body in jurisdiction still refuses remedy (at this stage the further report has to be considered by full council) consider moving to Statement (again subject to the “satisfaction” test).

While a further report must still be laid before Full Council, the initial report can now be laid before a committee.

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