Public Services Ombudsman (Wales) Act 2019

1. Introductory Text

2. PART 1 INTRODUCTION

   1. 1. Overview

3. PART 2 THE PUBLIC SERVICES OMBUDSMAN FOR WALES

   1. 2. The Public Services Ombudsman for Wales

4. PART 3 INVESTIGATIONS

   1. Power of investigation

      1. 3. Power to investigate complaints

      2. 4. Power to investigate on own initiative

      3. 5. Criteria for own initiative investigations

      4. 6. Alternative resolution of matters

   2. Complaints

      1. 7. Who can complain

      2. 8. Requirements: complaints made to the Ombudsman

      3. 9. Requirements: complaints referred to the Ombudsman

      4. 10. Records of complaints

   3. Matters which may be investigated

      1. 11. Matters which may be investigated

      2. 12. Exclusion: matters not relating to Wales

      3. 13. Exclusion: other remedies

      4. 14. Other excluded matters

      5. 15. Decisions taken without maladministration

   4. Ancillary investigations

      1. 16. Power to investigate other health-related services

   5. Decisions not to investigate etc

      1. 17. Decisions not to investigate or to discontinue investigation

   6. Investigation procedure and evidence

      1. 18. Investigation procedure

      2. 19. Information, documents, evidence and facilities

      3. 20. Obstruction and contempt

      4. 21. Obstruction and contempt: costs recovery

      5. 22. Serving a costs recovery notice

   7. Reports of investigations

      1. 23. Reports of investigations

      2. 24. Publicising reports

      3. 25. Publicising reports: health care providers

      4. 26. Action following receipt of a report

      5. 27. Reports: alternative procedure

   8. Special reports

      1. 28. Special reports

      2. 29. Special reports: supplementary

      3. 30. Special reports relating to the Welsh Government and the National Assembly for Wales Commission

   9. Listed authorities

      1. 31. Listed authorities

      2. 32. Restrictions on power to amend Schedule 3

      3. 33. Provisions in regulations adding persons to Schedule 3

      4. 34. Power to issue guidance

   10. Compensation

       1. 35. Compensation for the person aggrieved

5. PART 4 LISTED AUTHORITIES: COMPLAINTS-HANDLING PROCEDURES

   1. 36. Complaints-handling: statement of principles

   2. 37. Model complaints-handling procedures

   3. 38. Model complaints-handling procedures: specification of listed authorities

   4. 39. Declarations of non-compliance

   5. 40. Submission of complaints-handling procedure: general

   6. 41. Complaints-handling procedures: promotion of best practice etc

6. PART 5 INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

   1. Application of this Part

      1. 42. Matters to which this Part applies

   2. Investigation of complaints

      1. 43. Power to investigate complaints

      2. 44. Power to investigate on own initiative

      3. 45. Criteria for own initiative investigations

      4. 46. Alternative resolution of matters

      5. 47. Who can complain

      6. 48. Requirements: complaints made to the Ombudsman

      7. 49. Requirements: complaints referred to the Ombudsman

      8. 50. Records of complaints

   3. Decisions not to investigate etc

      1. 51. Decisions not to investigate complaints or to discontinue investigations

   4. Investigation procedure and evidence

      1. 52. Investigation procedure

      2. 53. Information, documents, evidence and facilities

      3. 54. Obstruction and contempt

   5. Reports about investigations

      1. 55. Investigation reports

      2. 56. Further publicity for investigation reports

      3. 57. Action following receipt of investigation reports

      4. 58. Reports: alternative procedure

   6. Special reports

      1. 59. Circumstances in which special reports may be prepared

      2. 60. Special reports

      3. 61. Further publicity for special reports

   7. Interpretation

      1. 62. Meaning of “care home” and “care home provider”

      2. 63. Meaning of “domiciliary care” and “domiciliary care provider”

      3. 64. Meaning of “palliative care service” and “independent palliative care provider”

7. PART 6 INVESTIGATIONS: SUPPLEMENTARY

   1. Consultation and co-operation

      1. 65. Consultation and co-operation with other ombudsmen

      2. 66. Working jointly with specified persons

      3. 67. Working collaboratively with Commissioners

      4. 68. Working with the Auditor General for Wales

   2. Disclosure

      1. 69. Disclosure of information

      2. 70. Disclosure prejudicial to safety of State or contrary to public interest

      3. 71. Protection from defamation claims

8. PART 7 MISCELLANEOUS AND GENERAL

   1. Welsh language standards

      1. 72. Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards

   2. Review of Act

      1. 73. Review of Act

   3. Application of the 2005 Act to certain investigations

      1. 74. Investigations commenced before sections 3, 4, 43 and 44 come into force

   4. General

      1. 75. Repeals, savings and consequential amendments

      2. 76. Functions of the Assembly

      3. 77. Commencement

      4. 78. Interpretation

      5. 79. Former health care providers, social landlords, social care providers and palliative care providers: modifications

      6. 80. Consequential, transitional provisions etc

      7. 81. Regulations and directions

      8. 82. Short title

9. 1. SCHEDULE 1

      PUBLIC SERVICES OMBUDSMAN FOR WALES: APPOINTMENT ETC

      1. Appointment

         1. 1. The Ombudsman is to be appointed by Her Majesty on...

      2. Status

         1. 2. (1) The Ombudsman is a corporation sole.

      3. Term of office

         1. 3. (1) A person's term of office as the Ombudsman is...

      4. Acting Public Services Ombudsman for Wales

         1. 4. (1) If the office of the Ombudsman becomes vacant, Her...

      5. Further provision: appointment

         1. 5. The Assembly must determine the terms that apply to an...

      6. Disqualification

         1. 6. (1) A person is disqualified from being the Ombudsman or...

         2. 7. (1) A person who holds office as the Ombudsman or...

         3. 8. (1) A person who has ceased to hold office as...

         4. 9. The references in paragraphs 7 and 8 to a paid...

      7. Remuneration etc

         1. 10. (1) The Assembly must— (a) pay a person who is...

      8. Special financial provisions

         1. 11. (1) Any sums payable by the Ombudsman in consequence of...

      9. Staff

         1. 12. (1) The Ombudsman may appoint such staff as is necessary...

      10. Advisers

          1. 13. (1) The Ombudsman may obtain advice from any person who,...

      11. Delegation

          1. 14. (1) Any function of the Ombudsman may be discharged on...

      12. Annual and extraordinary reports

          1. 15. (1) The Ombudsman— (a) must annually prepare a general report...

      13. Estimates

          1. 16. (1) For each financial year, the Ombudsman must prepare an...

      14. Accounts

          1. 17. (1) The Ombudsman must— (a) keep proper accounting records, and...

      15. Audit

          1. 18. (1) The accounts prepared by the Ombudsman for a financial...

      16. Accounting officer

          1. 19. (1) The Ombudsman is the accounting officer for the office...

      17. Examinations into the use of resources

          1. 20. (1) The Auditor General for Wales may carry out examinations...

      18. Supplementary powers

          1. 21. The Ombudsman may do anything (including acquire or dispose of...

      19. Previous Ombudsman to continue to be Ombudsman

          1. 22. (1) This paragraph applies to the person who is the...

   2. SCHEDULE 2

      EXCLUDED MATTERS: PART 3

      1. 1. Action taken by or with the authority of the Welsh...

      2. 2. The commencement or conduct of proceedings before a court of...

      3. 3. Action taken by a member of the administrative staff of...

      4. 4. Action taken in respect of appointments, removals, pay, discipline, superannuation...

      5. 5. Action relating to the determination of the amount of rent....

      6. 6. (1) Action taken by an authority specified in sub-paragraph (2)...

      7. 7. Action taken by a Local Health Board in the discharge...

   3. SCHEDULE 3

      LISTED AUTHORITIES

      1. Government of Wales The Welsh Government. The National Assembly for...

   4. SCHEDULE 4

      EXCLUDED MATTERS: PART 5

      1. 1. The commencement or conduct of proceedings before a court of...

      2. 2. Action taken in respect of appointments or removals, pay, discipline,...

   5. SCHEDULE 5

      CONSEQUENTIAL AMENDMENTS

      1. PART 1 Investigations

         1. Care Standards Act 2000 (c.14)

            1. 1. Insert new section 75ZB— Working jointly with the Public Services...

            2. 2. Insert new section 75ZC— Working jointly with the Public Services...

         2. Public Audit (Wales) Act 2004 (c.23)

            1. 3. Insert new section 67B— Protection from defamation claims For the purposes of the law of defamation, the publication...

         3. Public Audit (Wales) Act 2013 (anaw 3)

            1. 4. Insert new section 29A— Working with the Public Services Ombudsman...

         4. Well-being of Future Generations (Wales) Act 2015 (anaw 2)

            1. 5. In section 25, after subsection 1(c), insert—

      2. PART 2 MISCELLANEOUS

         1. Parliamentary Commissioner Act 1967 (c.13)

            1. 6. In section 4 (departments etc. subject to investigation), in subsection...

            2. 7. In section 11A (consultations between Parliamentary Commissioner and other Commissioners...

         2. Local Government Act 1974 (c.7)

            1. 8. In section 34M (consultation with other Commissioners), in subsection (1)(d),...

            2. 9. In section 34T (interpretation of Part 3A), in subsection (1),...

         3. Ancient Monuments and Archaeological Areas Act 1979 (c.46)

            1. 10. In Schedule A2 (decisions on reviews by person appointed by...

         4. Local Government and Housing Act 1989 (c.42)

            1. 11. In section 5 (designation and reports of monitoring officer)—

            2. 12. In section 5A (reports of monitoring officer – local authorities...

         5. Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)

            1. 13. In Schedule 1B (decisions on reviews by person appointed by...

            2. 14. In Schedule 3 (determination of certain appeals by person appointed...

         6. Health Service Commissioners Act 1993 (c.46)

            1. 15. In section 18 (consultation during investigations), in subsection (1)(ba), at...

         7. Housing Act 1996 (c.52)

            1. 16. In section 50C (grounds for giving notice), in subsection (10),...

            2. 17. In section 51 (schemes for investigation of complaints), in subsection...

         8. Freedom of Information Act 2000 (c.36)

            1. 18. In section 76 (disclosure of information between Commissioner and ombudsmen),...

         9. Local Government Act 2000 (c.22)

            1. 19. In section 68 (Public Services Ombudsman for Wales), in subsection...

            2. 20. In section 70 (investigations: further provisions), in subsection (2)(b), for...

         10. Health and Social Care (Community Health and Standards) Act 2003 (c.43)

             1. 21. In section 113 (complaints about health care), in subsection (4)(aa)—...

         11. National Health Service (Wales) Act 2006 (c.42)

             1. 22. In section 187 (independent advocacy services), in subsection (3)—

         12. Commissioner for Older People (Wales) Act 2006 (c.30)

             1. 23. In section 18 (power to disclose information), in subsection (1)(b),...

         13. Government of Wales Act 2006 (c.32)

             1. 24. In Schedule 8 (Auditor General for Wales), in paragraph 17(8)(ba),...

         14. Local Government and Public Involvement in Health Act 2007 (c.28)

             1. 25. In section 223A (independent advocacy services), in subsection (10)—

         15. Social Services and Well-being (Wales) Act 2014 (anaw 4)

             1. 26. In section 171 (complaints about social services), in subsection (3)(a)—...

             2. 27. In section 177 (further consideration of representations), in subsection (4)(a)—...

         16. Data Protection Act 2018 (c.12)

             1. 28. In Schedule 2 (exemptions etc from the GDPR), in paragraph...