Commissioner for Older People (Wales) Act 2006

17 Working collaboratively with other ombudsmen

(1) This section applies where it appears to the Commissioner that a case which he is—

(a) examining in accordance with regulations made under section 10, or

(b) considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an investigation by another ombudsman (the “connected matter”).

(2) Where the Commissioner considers it appropriate, he must inform the other ombudsman about the connected matter.

(3) Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (the “older people matter”), he must also if he considers it appropriate—

(a) inform the other ombudsman about the Commissioner’s proposals for the investigation of the case; and

(b) consult the other ombudsman about those proposals.

(4) Where the Commissioner and the other ombudsman consider that they are entitled to investigate, respectively, the older people matter and the connected matter they may—

(a) co-operate with each other in the separate investigation of each of those matters;

(b) act together in the investigation of those matters; and

(c) prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated.

(5) Where the Commissioner considers—

(a) that the case is not one which relates to or raises a matter that he is entitled to examine himself, and

(b) that it is appropriate to do so,

he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure the referral of the connected matter to the other ombudsman.

(6) In this section “other ombudsman” means—

(a) the Public Services Ombudsman for Wales;

(b) the Children’s Commissioner for Wales.

(7) In this section “investigation” includes examination and inquiry, and cognate expressions are to be construed accordingly.

(8) The Assembly may by order amend subsection (6) by—

(a) adding a person;

(b) omitting a person;

(c) changing the description of a person.

(9) Before making an order under subsection (8), the Assembly must consult the Commissioner and any other persons it thinks appropriate.