Public Services Ombudsman (Wales) Act 2005

2Power of investigationE+W

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(1)The Ombudsman may investigate a complaint [F1under this Part] in respect of a matter if—

(a)the complaint has been duly made or referred to him, and

(b)the matter is one which he is entitled to investigate under sections 7 to 11.

(2)A complaint is “duly made” to the Ombudsman if (but only if)—

(a)it is made by a person who is entitled under section 4 to make the complaint to the Ombudsman, and

(b)the requirements of section 5 are met in respect of it.

(3)A complaint is “duly referred” to the Ombudsman if (but only if)—

(a)it is referred to him by a listed authority, and

(b)the requirements of section 6 are met in respect of it.

(4)The Ombudsman may investigate a complaint [F2under this Part] in respect of a matter even if the requirements of section 5(1) or (as the case may be) section 6(1)(b) or (d) are not met in respect of the complaint, if—

(a)the matter is one which he is entitled to investigate under sections 7 to 11, and

(b)he thinks it reasonable to do so.

(5)It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation.

(6)The Ombudsman may take any action which he thinks may assist in making a decision under subsection (5).

(7)The Ombudsman may begin or continue an investigation into a complaint even if the complaint, or the referral of the complaint, has been withdrawn.