Section 47 Who can complainI1

(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, F1...

(d)

a listed authority F2, or

(e)

a direct payment service provider.

(3)

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

Annotations

Textual amendments

F1: Word in s. 47(2)(c) omitted (1.1.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 6(5)(a); S.I. 2025/1257, art. 4(b)
F2: S. 47(2)(e) and word inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 6(5)(b); S.I. 2025/1257, art. 4(b)

Commencement

I1: S. 47 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Notes on Part 5

Textual amendments

F1: Words in Pt. 5 heading substituted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 6(3); S.I. 2025/1257, art. 4(b)