Formal investigations

Formal investigations: exclusions17

1

The Commissioner shall not conduct a formal investigation for the purposes of his functions under Article 10 in relation to the operation of the advocacy, complaint, inspection or whistle-blowing arrangements of a relevant authority in the case of any child or young person if the Commissioner has under Article 14 or 15 brought or intervened in, or provided assistance in relation to, any proceedings—

a

against the relevant authority which relate to the operation of the arrangements in question in the case of that child or young person; or

b

in which the correctness in law of any action of the relevant authority in relation to the operation of any such arrangements in the case of that child or young person is called into question.

2

The Commissioner shall not conduct a formal investigation into a complaint under Article 12(1) in respect of any action of a relevant authority if the Commissioner has under Article 14 or 15 brought, intervened in or provided assistance in relation to any proceedings—

a

against the relevant authority in respect of that action; or

b

in which the correctness in law of that action is called into question.