4. How to deal with queries about publication of decision statements

4.1. We give information about our intention to publish to all new complainants by:

• statement on our website
• a fact sheet (G7) sent to those complainants whose complaints are passed from Intake to Assessment
• a covering letter sent with final decisions taken at the Assessment stage (if a draft decision has not been sent)
• a covering letter sent with draft decisions sent either at Assessment stage or at Investigation stage.

4.2. The Ombudsman is independent and does not require anyone’s permission to publish. We should take care not to convey the impression that a complainant or an authority can ‘opt out’.

4.3. Complainants and BinJs may tell us that they do not want a statement published. We should ask them to give reasons and it may be that we can provide assurances that allay their concerns. For example, we should be open to suggestions as to how the draft decision statement might be changed in order to better protect their anonymity. 

4.4. Where, exceptionally, an Investigator considers that in view of such a request, publication is not appropriate, the matter should be discussed with an AO/AM. With the AO/AM’s consent, publication may be prevented. A note of the manager approval and the reason why should be recorded in the ‘Details’ section of the Publication screen on ECHO.

4.5. If we decide not to publish, the complainant and the BinJ should be notified in writing (usually in the covering letter attached to the final decision statement). If we have decided that the complainant’s objections to publishing are not sufficient to stop us publishing, the complainant should be notified of the decision taken.