PART 5INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

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, or

(d)

a listed authority.

(3)

It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint.