63.Section 14(1) prohibits the Ombudsman from investigating the excluded matters set out in Schedule 2. Section 14(2) allows the Welsh Ministers, by regulations, to add to, remove or alter the entries appearing, from time to time, in Schedule 2. Before making such regulations, the Assembly must consult the Ombudsman (section 14(3)).
64.Section 14(5) puts beyond doubt that, despite the exclusions in Schedule 2, the Ombudsman may investigate the operation by a listed authority of any procedure established to examine complaints or review decisions. So, for example, the Ombudsman is excluded from investigating a matter that relates to the determination of the amount of rent (paragraph 5 of Schedule 2). But section 14(5) ensures that this does not prevent the Ombudsman from investigating the manner in which a complaint about the determination of rent was considered under an authority’s complaints procedure.