PART 3INVESTIGATIONS

Power of investigation

I14Power to investigate on own initiative

1

The Ombudsman may investigate a matter under this Part, which the Ombudsman is entitled to investigate under sections 11 to 16, whether a complaint has been duly made or referred to the Ombudsman or not.

2

Before the Ombudsman begins an investigation under this section, the Ombudsman must—

a

have regard to the public interest in beginning an investigation,

b

have a reasonable suspicion—

i

that there is systemic maladministration, or

ii

in a case where the matter is one which may be investigated by virtue of section 15(2), that systemic injustice has been sustained as a result of the exercise of professional judgement,

c

consult such persons as the Ombudsman considers appropriate (but see section 66 for further duties around consultation), and

d

have regard to the criteria for own initiative investigations published under section 5.

3

Subject to the other provisions of this section—

a

it is for the Ombudsman to decide whether to begin, continue or discontinue an investigation under this section;

b

the Ombudsman may take any action the Ombudsman thinks may assist in making a decision under subsection (3)(a).