Commentary on Sections Investigations by the Ombudsman Section 9 – Complaints: who may complain
41.Under subsections (1) and (2) of section 9a complaint may be made to the Ombudsman by the person aggrieved (see definition in subsection 5(4)), or by a person authorised in writing by the person aggrieved. The persons who may be authorised by the person aggrieved include an MSP, a listed authority or a member, officer or member of staff of a listed authority (e.g. a local councillor).
42.The effect of subsection (3)is to enable complaints to be considered by the Ombudsman where a person aggrieved for whatever reason is unable to pursue the complaint themselves.
43.By virtue of subsection (4), the person aggrieved must be (or have been) a resident in the United Kingdom at the time a complaint is made, except in the limited circumstances set out in subsection (5).