PART 5INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

Investigation of complaints

I144Power to investigate on own initiative

1

The Ombudsman may investigate a matter to which this Part applies whether a complaint has been duly made or referred to the Ombudsman or not.

2

But if the matter relates to an independent palliative care provider, the power in subsection (1) may only be used if the condition in section 43(2) is met.

3

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 that there is systemic maladministration,

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 45.

4

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 (4)(a).