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Textual Amendments
F1Words 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)
Modifications etc. (not altering text)
C1Pt. 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
(1)The Ombudsman may investigate a complaint [F2under 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 [F3under 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begin or continue an investigation into a complaint even if the complaint, or the referral of the complaint, has been withdrawn.
Textual Amendments
F2Words 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)
F3Words 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)
(1)The Ombudsman may take any action he thinks appropriate with a view to resolving a complaint which he has power to investigate under section 2.
(2)The Ombudsman may take action under this section in addition to or instead of conducting an investigation into the complaint.
(3)Any action under this section must be taken in private.