Commissioner for Older People Act (Northern Ireland) 2011

Investigation of complaints against relevant authorities

8.—(1) Subject to subsection (2) and section 9, the Commissioner may conduct an investigation into a complaint made by an older person that the interests of the older person have been adversely affected by any action taken by a relevant authority.

(2) The Commissioner may not exercise the Commissioner’s power under subsection (1) in relation to a complaint unless the Commissioner is satisfied that—

(a) the complaint raises a question of principle; and

(b) the complaint does not fall within an existing statutory complaints system.

(3) For the purposes of subsection (2), a complaint falls within an existing statutory complaints system if a statutory provision confers power on a person to make the complaint to a body or person and—

(a) that body or person has power under a statutory provision to investigate the complaint; or

(b) that body or person would have power under a statutory provision to investigate the complaint but for some exclusion or restriction in that statutory provision.

(4) Where the Commissioner decides not to conduct an investigation into a complaint made under subsection (1), the Commissioner must prepare a statement of the Commissioner’s reasons for that decision and must send a copy of the statement to—

(a) the complainant; and

(b) such other persons (if any) as the Commissioner considers appropriate.