Section 9 - Requirements: complaints referred to the Ombudsman
47.This section sets out the requirements that must be met in order for a complaint to be duly referred within the meaning of section 3(3)(b). It provides that a listed authority can refer a complaint to the Ombudsman but only if it was made to the listed authority by a person who would have been entitled to make that complaint directly to the Ombudsman in accordance with section 7.
48.The complaint must have been made to the authority within a year from the day that the person aggrieved first became aware of the matter complained of. The referral by the listed authority to the Ombudsman must be made before the end of one year beginning on the day on which the complaint was made to the listed authority.
49.In addition, the referral must be in whatever form, and contain whatever information, the Ombudsman specifies in guidance published under section 9(2). Therefore, listed authorities who wish to refer a complaint should read that guidance in order to help them refer a complaint.
50.Under section 3(4) the Ombudsman has discretion to accept a referral even if either (or both) of the time limits are not met, or the referral is not in the required form or the referral does not contain the required information.