19 February 2016
The key investigatory power is the power to investigate a complaint made by a member of the public. Section 5 is a framework section. It sets out the key criteria for the exercise of this power and points to the other sections where the details on those criteria may be found. The key criteria are:
The complaint is made by a member of the public
The complaint relates to a listed authority
The complaint must be about maladministration or injustice consequent on the exercise of professional judgement in health and social care
The correct procedure has been followed
The person making the complaint is referred to as the person aggrieved.