PART 6INVESTIGATIONS: SUPPLEMENTARY

Disclosure

I171Protection from defamation claims

1

For the purposes of the law of defamation, the following are absolutely privileged—

a

the publication of a matter, in the discharge of any of the Ombudsman's functions under this Act, by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman' functions;

b

the publication of a matter by a person in the discharge of functions under—

i

section 24;

ii

section 24 as modified by section 25;

iii

sections 24 and 25 as they apply to special reports (see section 29(6));

c

the publication of a matter in connection with a complaint or an investigation, in communications between—

i

a listed authority, a member or co-opted member of a listed authority, an officer or member of the staff of a listed authority or another person acting on behalf of a listed authority or assisting it in the discharge of any of its functions, and

ii

the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions;

d

the publication of a matter in connection with a complaint or an investigation, in communications between—

i

a care home provider, domiciliary care provider or independent palliative care provider, an officer or member of staff of such a provider or another person acting on behalf of such a provider or assisting it in the discharge of any of its functions, and

ii

the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions;

e

the publication of a matter in connection with a complaint or an investigation, in communications between a person and an Assembly member;

f

the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Act, in communications between—

i

the person, and

ii

the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions.

2

For the purposes of subsection (1)(d)(i) a person is an officer of a provider if the person has control or management of a provider which is not an individual or the affairs of such a provider.

3

In this section, reference to matters in connection with an investigation include matters in connection with the Ombudsman's decision whether to investigate or not.