Section 34H Investigation procedureF1

(1)

If the Ombudsman decides under section 34B(8) to conduct an investigation into a complaint, he or she must—

(a)

give the provider to whom the complaint relates an opportunity to comment on the allegations contained in the complaint, and

(b)

give any other person who is alleged in the complaint to have taken or authorised the action complained of an opportunity to comment on the allegations relating to that person.

(2)

An investigation must be conducted in private.

(3)

Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case.

(4)

The Ombudsman may, among other things—

(a)

make any inquiries which he or she thinks appropriate, and

(b)

determine whether any person may be represented in the investigation by an authorised person or another person.

(5)

In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

(6)

The Ombudsman may pay to the person who made the complaint and to any other person who attends or supplies information for the purposes of the investigation—

(a)

sums in respect of the expenses properly incurred by them, and

(b)

allowances to compensate for the loss of their time.

(7)

The Ombudsman may attach conditions to those payments.

Annotations

Textual amendments

F1: Pts. 2A, 2B inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 2 (with Sch. 3 para. 3); S.I. 2014/2718, art. 2(b)

Notes on the whole Act

Textual amendments

F1: Act repealed in part (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), ss. 75(1)(2), 77(1) (with s. 74); S.I. 2019/1096, reg. 2