PART 3INVESTIGATIONS
Ancillary investigations
I116Power to investigate other health-related services
1
This section applies where—
a
the Ombudsman has power under this Part to investigate—
i
alleged maladministration by a relevant listed authority in connection with relevant action taken by the authority in relation to a person,
ii
an alleged failure in a relevant service provided to a person by a relevant listed authority, or
iii
an alleged failure by a relevant listed authority to provide a relevant service to a person, and
b
a health-related service which is not a relevant service has also been provided to the person.
2
If the Ombudsman considers that the alleged maladministration or failure cannot be investigated effectively or completely without also investigating the health-related service mentioned in subsection (1)(b), the Ombudsman may investigate that service as part of the investigation in respect of the relevant listed authority.
3
If the Ombudsman does so, any reference to a listed authority in section 17, 18, 23(2)(b) or (7)(a), 27, 28(4)(b), (6)(c), (6)(d) or (9)(b)(ii) or 29(4)(a) includes, in addition, a reference to the person who provided the health-related service mentioned in subsection (1)(b).
4
In this section—
“health-related service” (“gwasanaeth sy'n gysylltiedig ag iechyd”) includes—
- a
any medical, dental, ophthalmic, nursing, midwifery or pharmaceutical service, and
- b
any other service which is provided in connection with a person's physical or mental health,
other than a special procedure performed under the authority of a special procedure licence (within the meaning of Part 4 of the Public Health (Wales) Act 2017 (anaw 2);
- a
“relevant action” (“camau gweithredu perthnasol”) has the meaning given in section 11(4);
“relevant listed authority” (“awdurdod rhestredig perthnasol”) means—
- a
the Board of Community Health Councils in Wales;
- b
a Local Health Board;
- c
an NHS Trust managing a hospital or other establishment or facility in Wales;
- d
a Special Health Authority not discharging functions only or mainly in England;
- e
a Community Health Council;
- f
an independent provider in Wales;
- g
a family health service provider in Wales;
- h
a person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43);
- i
the Welsh Health Specialised Services Committee;
- a
“relevant service” (“gwasanaeth perthnasol”) has the meaning in section 11(5).
5
This section does not affect the Ombudsman's power under section 19.