Scotland statutory deadlines
When must I complain to the Scottish Public Services Ombudsman?
Ordinarily, the Ombudsman cannot consider a complaint made more than 12 months after first actual notice of the matter. If section 10(2) applies to a former provider, the separate three-year limit after the last provider day also applies. The earlier applicable date governs.
- Period
- 12 months after first notice, subject to the separate former-provider three-year restriction
- Trigger
- the actual day the aggrieved person first had notice of the matter
- Rule
- Scottish Public Services Ombudsman Act 2002 s 10
Current maintained statutory sources and applicable regulation. Historical and transitional regimes require their own actual law. The supported input and working-day calendar window covers 2024 through 2028.
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When must I complain to the Scottish Public Services Ombudsman?
Ordinarily, the Ombudsman cannot consider a complaint made more than 12 months after first actual notice of the matter. If section 10(2) applies to a former provider, the separate three-year limit after the last provider day also applies. The earlier applicable date governs.
Responsible actor. Aggrieved person making the complaint.
Identify the actual public body or company and statutory branch.
Use the actual day the aggrieved person first had notice of the matter.
The Ombudsman decides jurisdiction and whether a complaint is duly made. Section10 permits special-circumstances late consideration and a special oral-complaint route. Neither discretion is inferred. The former-provider branch requires the actual section10(2) conditions and last provider day. An already expired former-provider restriction requires separate review.
Establish the actual statutory event, exact branch, current applicable regime and completion route. Only the encoded ordinary periods and fully supplied supported qualifications are calculated.
Scottish Public Services Ombudsman Act 2002 s 10How does this provision count time?
- Use the first actual notice date, exclude that day and count12 calendar months. For the section10(2) branch, also count36 calendar months after the last qualifying provider day. Use the earlier applicable limit. Missing corresponding target dates require separate interpretation review.
- No weekend, bank-holiday or court-holiday extension is inferred. Confirm the actual written or electronic complaint route and when the Ombudsman treats the complaint as duly made.
- Complete the actual statutory act within the applicable period.
Use the first actual notice date, exclude that day and count 12 calendar months. For the section 10(2) branch, also count 36 calendar months after the last qualifying provider day. Use the earlier applicable limit. Missing corresponding target dates require separate interpretation review.
No weekend, bank-holiday or court-holiday extension is inferred. Confirm the actual written or electronic complaint route and when the Ombudsman treats the complaint as duly made.
Scottish Public Services Ombudsman Act 2002 s 10What do independently checked examples show?
Fictitious example
Fictitious facts. The actual legal event, branch, unaltered period and completion route are established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Wednesday, October 13, 2027. No engine output was used. | Wednesday, October 13, 2027 |
| Example 2. Closed-day boundary | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Saturday, October 31, 2026. No engine output was used. | Saturday, October 31, 2026 |
| Example 3. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Thursday, July 1, 2027. No engine output was used. | Thursday, July 1, 2027 |
| Example 4. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Thursday, April 1, 2027. No engine output was used. | Thursday, April 1, 2027 |
| Example 5. Material procedural branch | Fictitious established event with no corresponding date in the target month. Independent calendar lookup confirms there is no corresponding target date. No interpretation is inferred. | The target month has no corresponding date. This statutory month-end boundary needs separate review. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- I established the first actual notice of the matter, rather than a later response or complaint decision.
- Source condition 2
- I checked the complaint’s statutory scope and whether section 10(2) applies. The selected former-provider branch is accurate.
- Source condition 3
- The complaint uses the applicable written or electronic route. No special oral complaint or late-consideration exception is assumed.
- Source condition 4
- The ordinary statutory periods apply. The Ombudsman determines whether the complaint is duly made and within jurisdiction.
- Establish the actual statutory event, exact branch, current applicable regime and completion route. Only the encoded ordinary periods and fully supplied supported qualifications are calculated.
- The related procedures have their own actor, event and period. A court appeal, authority review or other complaint does not automatically replace this statutory event.
What must the responsible actor complete?
Questions about this procedure
When must I complain to the Scottish Public Services Ombudsman?
Does the date of a final complaint response start these twelve months?
Use first actual notice of the matter complained of. A later complaint response or later knowledge of the Ombudsman route is not automatically a new event.
Scottish Public Services Ombudsman Act 2002 s 10When does the former-provider limit apply?
Section10(2) concerns its specified action by a former family health service or independent provider. Establish the actual statutory scope and last day as that provider. Do not apply the restriction to every closed organization.
Scottish Public Services Ombudsman Act 2002 s 10Can the Ombudsman consider a late complaint?
Section10(1) permits consideration where special circumstances make that appropriate. The calculator does not decide whether those circumstances exist.
Scottish Public Services Ombudsman Act 2002 s 10Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Scottish Public Services Ombudsman Act 2002 s 10 | Check the identified procedure, event, counting rule or qualification |