Explanatory Notes

Public Services Ombudsman (Wales) Act 2019

3

22 May 2019

Introduction

Part 5

Section 55 - Investigation reports

218.This section applies to investigations under Part 5 unless section 58 applies.

219.Section 55(2) provides that after conducting an investigation the Ombudsman must prepare and send a report on the findings to the appropriate person, unless the alternative procedure under section 58 applies.

220.Section 55(3) specifies those persons to whom a report must be sent. The Ombudsman may also send a copy of the report to any other persons the Ombudsman thinks appropriate.

221.The Ombudsman may publish the report if the Ombudsman considers that it is in the public interest to do so. 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.

222.Sections 55(8) and (9) prohibit the Ombudsman from sending or publishing a report that:

a)

names any person (other than the provider to whom the report relates); or

b)

includes information 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,

unless the Ombudsman considers that it is in the public interest to include such a name or identifying particulars.

223.This prohibition does not apply in relation to the version of the report that is sent to the person aggrieved (if any) or the Welsh Ministers. In reaching a view as to whether it would be in the public interest to include this information in the other versions of the report, the Ombudsman must have regard to the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate.