Section 7 - Who can complain
37.Section 7 lists the categories of persons who are entitled to make a complaint to the Ombudsman. Those persons are:
a member of the public who claims, or has claimed to have sustained injustice or hardship in consequence of the matters the Ombudsman is entitled to investigate under Part 3. This person is described as the person aggrieved,
a person authorised, in writing, by the person aggrieved to make the complaint on their behalf, or
where the person aggrieved cannot give such authorisation, a person the Ombudsman considers appropriate on behalf of the person aggrieved.
38.It is not only individuals who can complain to the Ombudsman. The term “person” has a wider meaning (see Schedule 1 to the Interpretation Act 1978). So, for example, companies or other corporate bodies could complain to the Ombudsman on behalf of a member of the public
39.Listed authorities acting in their capacity as listed authorities cannot complain to the Ombudsman (section 7(2)).
40.However, this does not prevent someone who is, for example, an employee of a listed authority from making a complaint, provided the person is making the complaint in their personal capacity.
41.Listed authorities are listed in Schedule 3.
42.It is for the Ombudsman to determine whether a person is entitled to make a complaint.