Explanatory Notes

Public Services Ombudsman (Wales) Act 2019

3

22 May 2019

Introduction

Part 6

Section 65 - Consultation and co-operation with other ombudsmen

246.Sections 65(1) and (2) require the Ombudsman to consult another specified ombudsman whenever the Ombudsman thinks that a matter could be the subject of investigation by that other ombudsman. The other ombudsmen that the Ombudsman is required to consult are specified in section 65(7).

247.There is power for the Welsh Ministers, by regulation, to amend this list of specified ombudsmen. The regulations may only add a person if it appears to the Welsh Ministers that the person to be added has functions relating to the investigation of complaints.

248.Where the Ombudsman is required to consult with another ombudsman on a matter, the Ombudsman may also co-operate with that other ombudsman on that matter (section (65(3)). The consultation and co-operation may extend to anything relating to the matter. Examples of matters on which there may be consultation and co-operation are set out in section 65(4), namely:

a)

how an investigation should be conducted; and

b)

the form, content and publication of a report following an investigation.

249.Sections 65(5) and (6) provide that, where such consultation takes place, the Ombudsman and any of the specified ombudsmen (other than the Scottish Public Services Ombudsman) can conduct joint investigations and publish joint reports.

250.In cases of consultation on a matter, the Ombudsman will be able to use the supplementary powers in paragraph 21 of Schedule 1 to this Act to forward information to the other ombudsman. Furthermore, the Ombudsman will be able to use those supplementary powers to inform the person who has made the complaint (if any) how that person can make a complaint to the other ombudsman.