Part 2

Investigation of complaints relating to listed authorities

Power of investigation

Power of investigation
2
1
The Ombudsman may investigate a complaint under this Part in respect of a matter if—
a
the complaint has been duly made or referred to him, and
b
the matter is one which he is entitled to investigate under sections 7 to 11.
2
A complaint is “duly made” to the Ombudsman if (but only if)—
a
it is made by a person who is entitled under section 4 to make the complaint to the Ombudsman, and
b
the requirements of section 5 are met in respect of it.
3
A complaint is “duly referred” to the Ombudsman if (but only if)—
a
it is referred to him by a listed authority, and
b
the requirements of section 6 are met in respect of it.
4
The Ombudsman may investigate a complaint under this Part in respect of a matter even if the requirements of section 5(1) or (as the case may be) section 6(1)(b) or (d) are not met in respect of the complaint, if—
a
the matter is one which he is entitled to investigate under sections 7 to 11, and
b
he thinks it reasonable to do so.
5
It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation.
6
The Ombudsman may take any action which he thinks may assist in making a decision under subsection (5).
7
The Ombudsman may begin or continue an investigation into a complaint even if the complaint, or the referral of the complaint, has been withdrawn.
Pt. 2 applied (11.10.2005) by The Public Services Ombudsman (Wales) Act 2005 (Commencement No. 1 and Transitional Provisions and Savings) Order 2005 (S.I. 2005/2800), art. 6
Pt. 2 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
Words in s. 2(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 15(a); S.I. 2014/2718, art. 2(b)
Words in s. 2(4) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 15(b); S.I. 2014/2718, art. 2(b)
Words in Pt. 2 heading inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 14; S.I. 2014/2718, art. 2(b)