Section 48 Requirements: complaints made to the OmbudsmanI1
The requirements mentioned in section 43(4)(c) are that the complaint must—
be in a form specified by the Ombudsman in guidance;
contain such information as specified by the Ombudsman in guidance;
be made before the end of the period of one year beginning with the day on which the person aggrieved first has notice of the matter alleged in the complaint.
The Ombudsman must publish the guidance referred to in subsection (1).
It is for the Ombudsman to determine whether the requirements of subsection (1) are met in respect of a complaint.
If a complaint which meets the requirements of subsection (1) is made other than in writing, the Ombudsman must—
explain to the person who made the complaint that a complaint has been duly made under this Act and the implications of making such a complaint, and
ask the person whether the person wishes the complaint to continue to be treated as a complaint that has been duly made.
If the person does not wish the complaint to continue to be treated as being duly made, the Ombudsman—
must not use the power in section 43(1)(a) to begin an investigation into the matter alleged in the complaint;
may use the power in section 44 to investigate the matter alleged in the complaint.
If the person wishes the complaint to continue to be treated as being duly made, the Ombudsman must ask the person whether the person wishes the complaint to be confirmed in writing.
If the person wishes the complaint to be confirmed in writing, the Ombudsman must make such arrangements as are necessary for the complaint to be confirmed in writing.
Annotations
Commencement
- I1
S. 48 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)