Public Services Ombudsman (Wales) Act 2019

Ancillary investigations E+W

16 Power to investigate other health-related services E+W

(1) This section applies where—

(a) the Ombudsman has power under this Part to investigate—

(i) alleged maladministration by a relevant listed authority in connection with relevant action taken by the authority in relation to a person,

(ii) an alleged failure in a relevant service provided to a person by a relevant listed authority, or

(iii) an alleged failure by a relevant listed authority to provide a relevant service to a person, and

(b) a health-related service which is not a relevant service has also been provided to the person.

(2) If the Ombudsman considers that the alleged maladministration or failure cannot be investigated effectively or completely without also investigating the health-related service mentioned in subsection (1)(b), the Ombudsman may investigate that service as part of the investigation in respect of the relevant listed authority.

(3) If the Ombudsman does so, any reference to a listed authority in section 17, 18, 23(2)(b) or (7)(a), 27, 28(4)(b), (6)(c), (6)(d) or (9)(b)(ii) or 29(4)(a) includes, in addition, a reference to the person who provided the health-related service mentioned in subsection (1)(b).

(4) In this section—

• “health-related service” (“gwasanaeth sy'n gysylltiedig ag iechyd”) includes—

  (a)

  any medical, dental, ophthalmic, nursing, midwifery or pharmaceutical service, and

  (b)

  any other service which is provided in connection with a person's physical or mental health,

  other than a special procedure performed under the authority of a special procedure licence (within the meaning of Part 4 of the Public Health (Wales) Act 2017 (anaw 2);

• “relevant action” (“camau gweithredu perthnasol”) has the meaning given in section 11(4);

• “relevant listed authority” (“awdurdod rhestredig perthnasol”) means—

  (a)

  F1 ...

  (b)

  a Local Health Board;

  (c)

  an NHS Trust managing a hospital or other establishment or facility in Wales;

  (d)

  a Special Health Authority not discharging functions only or mainly in England;

  (e)

  F2 ...

  (f)

  an independent provider in Wales;

  (g)

  a family health service provider in Wales;

  (h)

  a person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43);

  (i)

  the Welsh Health Specialised Services Committee;

  (ia)

  [F3 the Citizen Voice Body for Health and Social Care, Wales;]

• “relevant service” (“gwasanaeth perthnasol”) has the meaning in section 11(5).

(5) This section does not affect the Ombudsman's power under section 19.

Textual Amendments

F1 S. 16(4)(a) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 17(2)(a); S.I. 2023/370, art. 3(1)(t)

F2 S. 16(4)(e) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 17(2)(b); S.I. 2023/370, art. 3(1)(t)

F3 S. 16(4)(ia) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 17(2)(c); S.I. 2023/370, art. 3(1)(t)

Commencement Information

I1 S. 16 in force at 23.7.2019 by S.I. 2019/1096, reg. 2