DISP 3.4 Referring a complaint to another complaints scheme or court24

The Ombudsman may refer a complaint to another complaints scheme where:

1. (1)

   he considers that it would be more suitable for the matter to be determined by that scheme; and

2. (2)

   the complainant consents to the referral.13

24The Ombudsman may, with the complainant’s consent, cease to consider the merits of a complaint so that it may be referred to a court to consider as a test case, if:

1. (1)

   before the Ombudsman has made a determination, they have received in writing from the respondent:

   1. (a)

      a detailed statement of how and why, in the respondent's opinion, the complaint raises an important or novel point of law with significant consequences; and

   2. (b)

      an undertaking in favour of the complainant that, if the complainant or the respondent commences court proceedings against the other in respect of the complaint in any court in the United Kingdom within six months of the complaint being dismissed, the respondent will:

      1. (i)

         pay the complainant's reasonable costs and disbursements (to be assessed, if not agreed, on an indemnity basis) in connection with the proceedings at first instance and any subsequent appeal proceedings brought by the respondent; and

      2. (ii)

         make interim payments on account of such costs if and to the extent that it appears reasonable to do so; and

2. (2)

   the Ombudsman considers that the complaint:

   1. (a)

      raises an important or novel point of law, which has important consequences; and

   2. (b)

      would more suitably be dealt with by a court as a test case.