PART 5

INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

Reports about investigations

Investigation reports
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1
This section applies to investigations under this Part unless section 58 applies.
2
The Ombudsman must, after conducting an investigation into a matter to which this Part applies—
a
prepare a report on the findings of the investigation (“an investigation report”), and
b
send a copy of the report to the appropriate persons.
3
The appropriate persons are—
a
if the investigation relates to a complaint, the person who made the complaint,
b
the provider to whom the report relates,
c
any other person who is alleged in the complaint (if any) to have taken or authorised the action complained of or is identified in the report by the Ombudsman in relation to the matter in a negative way, and
d
the Welsh Ministers.
4
The Ombudsman may also send a copy of the report to any other persons the Ombudsman thinks appropriate.
5
The Ombudsman may publish the report if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to do so.
6
The Ombudsman may supply a copy of the published report, or part of that report, to any person who requests it.
7
The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (6).
8
The following information must not be included in a version of a report sent to a person under subsection (3)(b) or (c) or (4) or published under subsection (5)—
a
the name of a person other than the provider to whom the investigation relates;
b
information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman’s opinion, can be omitted without impairing the effectiveness of the report.
9
Subsection (8) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report.