Power of investigation
Section 2: Power of investigation
20.By virtue of section 2(1) the Ombudsman may only investigate a complaint relating to a matter if:
the complaint has been duly made or referred to him/her, and
he/she is entitled to investigate that matter.
21.Sections 7 to 11 set out the matters that the Ombudsman is entitled to investigate. Section 2(2) and sections 4 and 5 set out the circumstances where a complaint is duly made to the Ombudsman. Section 2(3) and section 6 set out the circumstances where a complaint is duly referred to the Ombudsman by a listed authority.
22.Section 2(4) enables the Ombudsman to accept complaints even if specific requirements as to the way it has been made or referred have not been fulfilled if he/she considers it reasonable to do so. Section 2(5) and (6) provide the Ombudsman with a wide discretion as to whether to begin, continue or discontinue an investigation. Section 2(7) makes it clear that the Ombudsman may begin or continue an investigation even if the complaint has been withdrawn. This covers the situation, for example, where a complaint has been made in relation to a listed authority’s action which affects more than one person but where the complaint that has been withdrawn was put forward as the ‘lead’ complaint. In such cases, where the ‘lead’ complaint has been withdrawn, it will be open to the Ombudsman to begin or to continue an investigation as he/she sees fit.
Section 3: Alternative resolution of complaints
23.Section 3 provides the Ombudsman with a wide power to take steps to resolve complaints without proceeding to a formal investigation. The power is available to the Ombudsman to use instead of or in addition to the power to investigate.