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Part 2 E+WInvestigation of complaints

Consultation and co-operationE+W

[F125BWorking collaboratively with the Commissioner for Older People in WalesE+W

(1)This section applies where it appears to the Ombudsman that a complaint relates to or raises a matter which could be the subject of an examination by the Commissioner (the ‘connected matter’).

(2)Where the Ombudsman considers it appropriate, he must inform the Commissioner about the connected matter.

(3)Where the Ombudsman considers that the complaint also relates to or raises a matter into which he is entitled to conduct an investigation himself (‘the ombudsman matter’), he must also if he considers it appropriate—

(a)inform the Commissioner about the Ombudsman's proposals for conducting an investigation into the complaint; and

(b)consult the Commissioner about those proposals.

(4)Where the Ombudsman and the Commissioner consider that they are entitled to investigate, respectively, the ombudsman matter and the connected matter they may—

(a)co-operate with each other in the separate investigation of each of those matters;

(b)act together in the investigation of those matters; and

(c)prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated.

(5)Where the Ombudsman considers—

(a)that the complaint does not relate to or raise a matter into which he is entitled to conduct an investigation himself, and

(b)that it is appropriate to do so,

he must inform the person who initiated the complaint about how to secure the referral of the connected matter to the Commissioner.

(6)In this section ‘Commissioner’ has the meaning given in section 25A.]