Review by the Ombudsman

1 Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must— a on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established; b decide what if any action to take under subsections (2) to (7). 2 If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice. 3 A recommendation under subsection (2) may be for the payment of compensation. 4 Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates. 5 If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination. 6 If a determination is set aside under subsection (5)— a the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and b for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded. 7 Subsection (6) is subject to any direction given by the Ombudsman under this subsection— a for a previous investigation or review to be taken into account to any extent, or b for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again. 8 This section is subject to section 112.