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Commissioner for Older People (Wales) Act 2006

Section 17: Working collaboratively with other ombudsmen

44.This section makes provision for the Commissioner to work collaboratively with other ombudsmen where there is no overlap in their functions but where a case raises matters that could be the subject of investigation by both office-holders. Subsection (6) specifies that, for the purposes of this section, other ombudsmen are the PSOW and the Children’s Commissioner for Wales.

45.Subsection (1) provides that the power to work collaboratively shall apply where the Commissioner is examining, or considering whether to examine, a case that relates to, or raises an issue, which could be the subject of an investigation by the Children’s Commissioner for Wales or the PSOW (a "connected matter").

46.Subsection (2) requires the Commissioner to inform the Children’s Commissioner for Wales or the PSOW about a connected matter that he has identified, where he considers it appropriate. Subsection (3) provides that where the Commissioner considers that a case raises both a connected matter and a matter that he is entitled to examine (an "older people matter"), he is required to inform and consult with the Children’s Commissioner for Wales or the PSOW on his proposals to undertake an examination, where he considers it appropriate.

47.Subsection (4) enables the Commissioner and the Children’s Commissioner for Wales or the PSOW to co-operate with each other in relation to their separate investigations, to act together in the investigation of the matters raised by the case, and to prepare and publish a joint report containing their respective conclusions. Subsection (5) requires the Commissioner, where he identifies a case that raises a connected matter but not an older people matter, and he considers it appropriate, to inform the aggrieved person (or another person involved in that case) about how to refer the matter to the correct person.

48.Subsections (8) and (9) provide the Assembly with an order-making power to apply the collaborative working provisions in this section to other commissioners and ombudsmen for whom, in the future, such arrangements may be appropriate. The Assembly must consult with the Commissioner (and any other appropriate persons, which it is anticipated would include the other commissioner or ombudsman) before making such an order.

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