Public Services Ombudsman (Wales) Act 2019

71 Protection 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.