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Public Services Ombudsman (Wales) Act 2019

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This is the original version (as it was originally enacted).

4Power to investigate on own initiative

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(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).

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