Explanatory Notes

Public Services Ombudsman (Wales) Act 2019

3

22 May 2019

Introduction

Part 5

Section 59 - Circumstances in which special reports may be prepared

232.Under section 59, the Ombudsman may issue a special report in three cases:

233.Case 1. The Ombudsman has concluded in an investigation report that the person has sustained injustice or hardship (or a person is likely to sustain such injustice or hardship) as a result of the matter investigated but:

i.

the Ombudsman has not been notified by the provider, in accordance with section 57 (Action following receipt of investigation reports), about the action that the provider has taken/proposes to take, or about the period within which any proposed action is to be taken, or

ii.

the Ombudsman, having been notified about such matters in accordance with section 57, is not satisfied with the action/proposed action or the period within which it is to be taken, or is not satisfied that the action has been taken before the end of the permitted period.

234.Case 2. The Ombudsman has prepared a report under section 58(2) (alternative procedure) and is not satisfied that the provider has implemented the recommendations within the permitted period; and

235.Case 3. The Ombudsman has concluded, in resolving a matter under section 46 (alternative resolution of matters), that any person has sustained (or is likely to sustain) injustice or hardship, the provider has agreed to take particular action and the Ombudsman is not satisfied that the provider has taken that action before the end of the permitted period.