PART 5INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE , PALLIATIVE CARE AND DIRECT PAYMENT SERVICES
Investigation of complaints
47Who can complain
(1)
The persons entitled to make a complaint to the Ombudsman are—
(a)
a member of the public (referred to in this Part as “the person aggrieved”) who claims or claimed to have sustained injustice or hardship as a result of a matter to which this Part applies,
(b)
a person authorised in writing by the person aggrieved to act on that person's behalf, or
(c)
if the person aggrieved is not capable of authorising such a person (for example because the person has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved.
(2)
“Member of the public” does not include a person acting in the capacity of—
(a)
a care home provider,
(b)
a domiciliary care provider,
(c)
an independent palliative care provider, F1...
(d)
a listed authority F2, or
(e)
a direct payment service provider.
(3)
It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint.