Public Services Ombudsman (Wales) Act 2019

3 Power to investigate complaints

(1) The Ombudsman may investigate a complaint under this Part in respect of a matter if the complaint has been—

(a) duly made to the Ombudsman, or

(b) duly referred to the Ombudsman, and

the matter is one which the Ombudsman is entitled to investigate under sections 11 to 16.

(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 7 to make the complaint to the Ombudsman, and

(b) the requirements of section 8(1) are met in respect of it.

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

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

(b) the requirements of section 9(1) are met in respect of it.

(4) The Ombudsman may investigate a complaint under this Part in respect of a matter even if the requirements of section 8(1) or (as the case may be) section 9(1)(b), (c) or (d) are not met in respect of the complaint, if—

(a) the matter is one which the Ombudsman is entitled to investigate under sections 11 to 16, and

(b) the Ombudsman thinks it reasonable to do so.

(5) It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation (but see section 8(5)(a) for a restriction on the power to begin an investigation under subsection (1)(a)).

(6) The Ombudsman may take any action which the Ombudsman 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begin or continue an investigation into a complaint even if the complaint, or the referral of the complaint, has been withdrawn (but see section 8(5)(a) for a restriction on the power to begin an investigation under subsection (1)(a)).