The Ombudsman has considerable discretion to decide how far and in what way each complaint should be investigated and resolved. Because all complaints are different they may be handled in a range of different ways. The Ombudsman will always write to let you know whether or not she believes your complaint is one which she can or should investigate. If she does not think your complaint can or should be investigated, she will explain why. If there appears to be scope to resolve your complaint informally the Ombudsman may pursue that as an alternative to completing a formal investigation.

If the Ombudsman is to investigate your complaint, she will agree with you a summary of the matters to be investigated and indicate how she plans to pursue the investigation. She will want to make sure she understands both sides of the story in order to make an independent and impartial judgement. In some cases she may have sufficient evidence to reach a provisional conclusion from papers you have supplied. In others she may need to do any or all of:

• obtaining comments from British Waterways;
• visiting a site;
• obtaining documentary evidence from British Waterways;
• interviewing people involved in the complaint, including you.

At the end of the investigation the Ombudsman will send you a draft decision on your complaint. This will include a summary of all the evidence she considers relevant to the decision, an explanation of the Ombudsman’s view as to whether there was any maladministration and injustice and, if there was, her recommended remedy. You and British Waterways will have the chance to comment on that draft decision before the Ombudsman makes a final decision.

If the Ombudsman upholds your complaint and makes a recommendation she will ask British Waterways to let both you and her know what action they intend to take in response to her recommendation. She will remain involved with the complaint at least until she receives a commitment that appropriate action will be taken.

The Ombudsman will publish a short summary of your complaint and her decision (in her annual report, if not before): but will omit any personal details.

There is no body above the Ombudsman available to consider appeals about the Ombudsman’s decisions. However previous involvement of the Ombudsman does not prevent a complainant from later seeking a remedy in the Courts.