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COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 7

Purpose of investigation and provisions for giving effect to recommendations made thereon.

7.(1) The purposes of the investigation by the Commissioner shall be

(a)to ascertain if the matters alleged in the complaint (i) may properly
warrant investigation by him under this Act, (ii) are in substance, true and
(iii) disclose any maladministration by or on behalf of the body against whom
the complaint is made; and, where it appears to him to be desirable,

(b)to effect a settlement of the matter complained of or, if that is not
possible, to state what action should in his opinion be taken by the body
against whom the complaint is made to effect a fair settlement thereof or by
that body or by the person aggrieved to remove, or have removed, the cause of
the complaint.

(2) Where on an investigation made by him under this Act the Commissioner
reports that a person aggrieved has sustained injustice in consequence of
maladministration, the county court may on an application made to it by that
person, in accordance with county court rules and upon notice to the body
against whom the complaint investigated was made, by order award that person
such damages as the court may think just in all the circumstances to
compensate him for any loss or injury which he may have suffered on account of

(a)expenses reasonably incurred by him in connection with the subject matter
of the maladministration on which this complaint was founded; and

(b)his loss of opportunity of acquiring the benefit which he might reasonably
be expected to have had but for such maladministration: subject, however, to
the application of the same rule concerning the duty of a person to mitigate
his loss as applies in relation to damages recoverable at common law.

(3) Where on application made to it under subsection (2) it appears to the
county court that justice could only be done to the person aggrieved by
directing the body against whom his complaint was made to take, or to refrain
from taking, any particular action, the court may, if satisfied that in all
the circumstances it is reasonable so to do, make an order containing such a
direction and

(i)for the purposes of such an order the county court shall have the like
jurisdiction as the High Court to grant any mandatory or other injunction; and

(ii)disobedience to any such order by any body on whom notice of the making
thereof was duly served or by any member or officer of that body may be
treated as a contempt of court to which section 141 of the County Courts Act
(Northern Ireland) 1959 applies.

(4) Without prejudice to [Articles 61 and 65 of the County Courts (Northern
Ireland) Order 1980], any local or public body or any person aggrieved who is
dissatisfied with an order of a county court under subsection (2) or
subsection (3) may appeal from that order as if it had been made in the
exercise of the jurisdiction conferred by Part III of [that Order and the
appeal were brought under Article 60 of that Order].

(5) Where on an investigation made by him under this Act the Commissioner
reports that a person aggrieved has sustained injustice in consequence of
maladministration and it appears to the Commissioner (whether or not so stated
in his report) that

(a)the local or public body against whom the investigation was made had
previously engaged in conduct which was of the same kind as, or of a similar
kind to, that which amounted to such maladministration; and

(b)such body is likely, unless restrained by order of the High Court under
this subsection, to engage in future in such conduct;

(6) The jurisdiction conferred by subsection (5) shall be exercisable by a
single judge of the High Court without a jury, and for all purposes of or
incidental to the exercise of that jurisdiction and the execution and
enforcement of any orders under that subsection a judge of the High Court may
exercise all the power, authority and jurisdiction vested in or capable of
being exercised by the High Court in relation to the hearing or determination
of any civil cause or matter within the jurisdiction of the Court.

(7) The High Court may, in determining for the purposes of an application made
to it under subsection (5) whether or not a local or public body has engaged
in a course of conduct, take into account not only the action investigated by
the Commissioner on complaint of the person aggrieved but also any other
action whether or not the subject of an investigation by the Commissioner
which may appear to the High Court to be relevant.

(8) For the purposes of any proceedings authorised by this section, a
recommendation of the Commissioner and any report of the Commissioner relating
to the complaint in connection with which the recommendation is made shall,
unless the contrary is proved, be accepted as evidence of the facts stated
therein and in any such proceedings the authenticity of any such
recommendation or report may be proved by production of a certificate of its
authenticity signed by the Commissioner or an officer of the Commissioner.

(9) The powers conferred on a county court under subsections (2) and (3) may
be exercised by that court notwithstanding anything to the contrary in any
transferred provision which imposes limitations on its jurisdiction by
reference to an amount claimed or to the value of property.

(10) Nothing in this section shall affect the right to bring any proceedings,
whether civil or criminal, which might have been brought if this section had
not been passed.

© 1969 Crown Copyright

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