Section 23 - Reports of investigations
107.Section 23(1) provides that after conducting an investigation the Ombudsman must prepare a report on the findings of the investigation and send a copy of that report to the persons specified in section 23(2). (This requirement does not apply if the Ombudsman decides to prepare a report under section 27 (alternative procedure) instead).
108.Section 23(2) specifies those persons to whom the report must be sent. Those persons include the person who made the complaint, the listed authority to which the report relates, and any other person who is alleged to have taken or authorised the action complained of or is identified in the report in a negative way. Where the listed authority to whom the report relates is a family health service provider in Wales or an independent provider in Wales, the report must also be sent to the persons mentioned in section 23(2)(d) and (e). The Ombudsman may also send the report to any other persons he considers appropriate (section 23(3)).
109.The Ombudsman may publish the report if the Ombudsman considers that it is in the public interest to do so (section 23(4)). In reaching this view, the Ombudsman must have regard to the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate.
110.Sections 23(7) and (8) provide that when the Ombudsman prepares a report that:
names any person (other than the listed authority concerned); or
includes anything which, in the opinion of the Ombudsman, is likely to identify any person and which, in the opinion of the Ombudsman, can be omitted from the report without impairing its effectiveness,
the Ombudsman may only include such information in the version of the report that is sent, or published, if it is in the public interest to include such a name or identifying particulars. In reaching this view, the Ombudsman must have regard to the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate.
111.In the case of the version of the report that is sent, under section 23(1)(b), to the person aggrieved (if any) and the listed authority etc., it is not anticipated that it would be difficult for the Ombudsman to show that it is in the public interest to include such information. This is because, in such cases, there is likely to be a strong public interest in those parties knowing the names and identities of persons that the Ombudsman considers it necessary to refer to in the report. Indeed, in many cases such a report is likely to name or identify only the person aggrieved (if any), the listed authority that took the action which is the subject of the report and those of its employees that are relevant (e.g. because it is the employee who took the action that is the subject of the report).