Explanatory Notes

Public Services Ombudsman (Wales) Act 2019

3

22 May 2019

Introduction

Part 3

Section 27 - Reports: alternative procedure

118.The full reporting procedure under sections 23 to 26 does not apply if the Ombudsman decides to report under the alternative procedure set out in section 27.

119.The Ombudsman may apply the alternative procedure if, after an investigation, the Ombudsman concludes that:

a)

no person has sustained injustice or hardship as a consequence of the matter investigated; or

b)

a person has sustained such injustice or hardship and the listed authority concerned agrees within the permitted period (as defined in section 27(3)) to implement the Ombudsman’s recommendations, and the Ombudsman is satisfied that the public interest does not require the full reporting procedure set out in sections 23 to 26 to be applied.

120.A copy of a report under the alternative procedure must be sent to the persons mentioned in section 27(5)(b) and may also be sent to any other persons the Ombudsman thinks appropriate. A report of this kind is subject to similar restrictions to those that apply to a report under section 23 with respect to naming or identifying individuals (section 27(9) and (10)).