The Commissioner for Older People in Wales Regulations 2007

Further action following a report

15.—(1) Where the Commissioner has made a report following the examination of a case pursuant to section 10 of the Act or the review of arrangements pursuant to section 5 of the Act which contains a recommendation in respect of a provider of regulated services in Wales, the Assembly, or a person mentioned in Schedule 2 to the Act, the Commissioner may require the person in writing in respect of whom the recommendation is made to provide the Commissioner with the relevant information in such reasonable period as the Commissioner may specify but in any event no later than 3 months of the date on which the person is sent a copy of the report.

(2) Where the Commissioner has made a report following a review of discharge of functions pursuant to section 3 of the Act which contains a recommendation in respect of a person mentioned in paragraph (1) of this regulation, the Commissioner may request the person in writing in respect of whom the recommendation is made to provide the Commissioner with the relevant information in such reasonable period as the Commissioner may specify but in any event no later than 3 months of the date on which the person is sent a copy of the report.

(3) For the purposes of paragraphs (1) and (2) “the relevant information” means such information, explanation or assistance as to enable the Commissioner to determine whether the person concerned has complied with the recommendation or will be so complying, or an explanation of the reason for no such action having been taken or not being intended to be taken.

(4) Where a requirement is made under paragraph (1) or a request is made under paragraph (2) it must include a statement that failure to respond within the time specified under the relevant paragraph may be published in such manner as the Commissioner considers appropriate.

(5) If the Commissioner reasonably considers, upon receipt of the relevant information, that the action taken or proposed to be taken to comply with the recommendation or that the reason for no such action being taken or not being proposed to be taken is inadequate, the Commissioner may send to the person concerned a written notice setting out the inadequacies which requires a response within 1 month of the date of sending.

(6) Where the Commissioner receives no response within 1 month of the date of sending the written notice under paragraph (5), or is dissatisfied with the response, the Commissioner may send a supplementary notice which requires a supplementary response within 1 month of the date of sending.

(7) The supplementary notice must include a statement that failure to provide what the Commissioner reasonably considers to be a satisfactory supplementary response, or a response at all, may be published in such manner as the Commissioner considers appropriate.

(8) The Commissioner must maintain a register containing details of —

(a) recommendations contained in reports made under regulation 14, and

(b) the results of further action taken in accordance with paragraphs (1), (2), (5) and (6) of this regulation.

(9) Any register maintained under paragraph (8) must be open to inspection by any person at all reasonable times at the offices of the Commissioner and the Commissioner may make arrangements for copies of the register to be available for inspection in such other place or places or by such other means as he or she considers appropriate.

(10) The Commissioner must publish the said inspection arrangements in such a way as to bring them to the attention of persons who are, in the reasonable opinion of the Commissioner, likely to be interested.