Exception to power to investigate

Public Services Ombudsman Act 98

Exceptions to power

14.

1. The Ombudsman shall not conduct an investigation under this Act in respect of any of the following matters, that is to say –
   
   1. any action consisting of a decision or ruling by an Authority in respect of which the person aggrieved has or had a right of appeal, reference or review to or before any tribunal howsoever constituted by or under any enactment;
   2. any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law or board of enquiry;    
   3. any action in respect of which the person aggrieved has or had a right of complaint or review under any complaints procedures established under any enactment, except in manner and to the extent that such an enactment or complaints procedures provides for specific reference to the Ombudsman.
2. Notwithstanding the provisions of subsection (1), the Ombudsman may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy, if satisfied that, in the particular circumstances,  either-
   
   1. by reason of the inability of the person making the complaint to bear the costs likely to be incurred, or the disproportionality of the same; or
   2. the inability to obtain sufficient evidence to justify the commencement of proceedings; or
   3. any other reason of any kind whatsoever that shall seem to the Ombudsman to be sufficient,
   it is not reasonable or expedient to expect the person making the complaint to resort or have resorted to such other right or remedy.