Section 49 - Requirements: complaints referred to the Ombudsman
188.This section sets out the requirements that must be met in order for a complaint to be duly referred within the meaning of section 43(5)(b). A provider can refer a complaint to the Ombudsman only if it is made by a person who would have been entitled to make that complaint directly to the Ombudsman undersection 47.
189.The complaint must have been made to the provider within a year from the day that the person aggrieved first had notice of the matter complained of. The referral by the provider to the Ombudsman must also occur before the end of one year beginning on the day on which the complaint was made to the provider.
190.In addition, the referral must be in whatever form, and contain whatever information, the Ombudsman specifies in guidance published under section 48(2). Therefore, providers who wish to refer a complaint should read that guidance in order to help them make the referral.
191.Under section 43(7) the Ombudsman has discretion to investigate a compliant even where either (or both) of the time limits are not met, or where the referral is not in the required form or does not contain the required information.
