Section 4 Who can complain
England and Wales
The persons entitled to make a complaint to the Ombudsman F1under this Part are—
a member of the public (in this F2Part referred to as “the person aggrieved”) who claims or claimed to have sustained injustice or hardship in consequence of a matter which the Ombudsman is entitled to investigate under sections 7 to 11;
a person authorised by the person aggrieved to act on his behalf;
if the person aggrieved is not capable of authorising a person to act on his behalf (for example because he has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved.
“Member of the public” means any person other than a listed authority acting in its capacity as such.
It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint to him.
Annotations
Textual amendments
- F1
Words in s. 4(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 16(a); S.I. 2014/2718, art. 2(b)
- F2
Word in s. 4(1)(a) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 16(b); 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Act repealed in part (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), ss. 75(1)(2), 77(1) (with s. 74); S.I. 2019/1096, reg. 2
Notes on Part 2
Textual amendments
- F1
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)
Modifications
- C1
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
- C2
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