Section 5: Review of arrangements
28.Subsections (1) and (2) set out what the Commissioner may do in respect of determining whether arrangements for advocacy, complaints and whistle-blowing are effective in safeguarding and promoting the interests of relevant older people in Wales (a narrower group than “older people in Wales” – defined in section 6(2)). Subsection (3) provides that the Commissioner may also assess the effect of a person's failure to make such arrangements.
29.Subsections (4) to (7) give details of the arrangements that the Commissioner may review under subsection (1). Subsection (4) defines advocacy arrangements as services (provided by any person) to represent the views of, or to provide advice or support of kinds to be prescribed to, relevant older people in Wales. Subsection (5) defines complaints arrangements as those of the Assembly, providers of regulated services in Wales or a person listed in Schedule 3 (along with persons who provide services on such a person’s behalf in Wales), which are in place to deal with complaints made by or on behalf of a relevant older person in Wales in respect of relevant services provided. Relevant services are defined in section 6(4).
30.Subsection (6) defines whistle-blowing arrangements as those of the Assembly, providers of regulated services in Wales or a person listed in Schedule 3 (along with persons who provide services on such a person’s behalf in Wales), which are in place to ensure that action is taken in response to disclosure of potentially adverse information. Subsection (7) defines potentially adverse information as that which may appear to show that a criminal offence has been committed, that a legal obligation has not been fulfilled, that the health or safety of a person has been endangered, that the dignity of a person has been violated or that any of these has been deliberately concealed.
