Public Services Ombudsman (Wales) Act 2005

[F1 34B Power to investigate complaints E+W

(1) The Ombudsman may investigate a complaint about a matter to which this Part applies if—

(a) the complaint has been duly made or referred to the Ombudsman, and

(b) in the case of a complaint which relates to an independent palliative care provider, the condition in subsection (2) is met.

(2) The condition is that the independent palliative care provider has received public funding, within the three years before the date of the action to which the complaint relates, in respect of a palliative care service that it provides in Wales.

(3) In subsection (2) “public funding” means funding from—

(a) the Welsh Ministers,

(b) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,

(c) an NHS Trust, or

(d) a county council or county borough council in Wales.

(4) A complaint is “duly made” to the Ombudsman if (but only if)—

(a) it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman,

(b) before the complaint is made—

(i) the matter to which it relates has been brought, by or on behalf of the person affected, to the notice of the provider to whom it relates, and

(ii) the provider has been given a reasonable opportunity to investigate the matter and to respond, and

(c) the requirements of section 34E are met in respect of it.

(5) A complaint is “duly referred” to the Ombudsman if (but only if)—

(a) it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman, and

(b) the requirements of section 34F are met in respect of it.

(6) It is for the Ombudsman to determine whether the requirements of subsection (1) have been met in respect of a complaint.

(7) Where the Ombudsman determines that the requirements of subsection (1) have not been met in respect of a complaint because the requirements of subsection (4)(b), section 34E or section 34F(1)(a)(ii) or (b)(ii) have not been met in respect of that complaint, the Ombudsman may nonetheless investigate the complaint if—

(a) it relates to a matter to which this Part applies, and

(b) the Ombudsman thinks it reasonable to do so.

(8) It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation.

(9) The Ombudsman may take any action which he or she thinks may assist in making a decision under subsection (8).

(10) The Ombudsman may begin or continue an investigation into a complaint even if the complaint has been withdrawn.]

Textual Amendments

F1 Pts. 2A, 2B inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 2 (with Sch. 3 para. 3); S.I. 2014/2718, art. 2(b)