Source and Form of Complaints
Who can complain? The member of the public who makes a complaint to an M.P. intended for the P.C.A., can be either an individual or any body of persons, whether incorporated or not, so long as they are not either a local authority or nationalised industry or other y appointed by the Crown or Government or financed wholly or mainly with moneys provided by Parliament.
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Normally complaints must be made by the person aggrieved himself, though exceptions may be allowed if the person has died or is for
any reason unable to act for himself.
The person aggrieved must be a person who is resident, or was at the time of his death resident, in the United Kingdom or was present in the United Kingdom when the action complained of took place or whose complaint relates to rights or obligations which accrued in the United Kingdom.
Time Limit. Unless the P.C.A. decides that there are special circumstances which make it proper for him to make an exception, the complaint must have been made to a Member of the House of Commons within 12 months of the time when the person aggrieved first had notice of the matters alleged in the complaint.
Form of Complaint. It must be made in writing to a Member of the House of Commons, and include:-
(a) A statement that the person making the complaint gives his
consent for the Member to refer it to the P.C.A.
(b) The name and full address of the complainant.
(c) The identity of the Department against whose action
(a)
the complaint is made.
A statement of the circumstances in which the complainant
claims to have sustained injustice.
Investigation Procedure
A case received by the P.C.A. from a Member may be expected
to pass through the following stages:-
(a) Scrutiny to confirm that the case is within the P.C.A's
jurisdiction.
(b) Investigation.
(c) Report on the case by the P.C.A. to the Member from whom
it was received.
When the P.C.A. investigates, the Act requires the proceedings to be held in private. For the purpose of his investigations he has full powers to examine Departments' internal papers and records and to take written and oral evidence from anyone whom he considers can
provide relevant information. The extent to which these powers are used in practice will, of course, depend on the circumstances of
the cases that actually come to him for investigation.
In the course of his investigations the P.C.A. may need to seek
further information from the complainant or other persons concerned in the case. As far as possible such information will be obtained
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