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Public Services Ombudsman (Wales) Act 2019

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This is the original version (as it was originally enacted).

44Power to investigate on own initiative

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(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).

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