Public Services Ombudsman (Wales) Act 2005

Public Services Ombudsman (Wales) Act 2005

2005 CHAPTER 10

Commentary on Sections

Part 2: Investigation of Complaints

Matters which may be investigated

Section 7: Matters which may be investigated

29. Section 7(1) provides that the Ombudsman is, subject to sections 8 to 11, entitled to investigate:

a)

maladministration by a listed authority in connection with ‘relevant action’;

b)

an alleged failure in a ‘relevant service’ provided by a listed authority; or

c)

an alleged failure by a listed authority to provide a ‘relevant service’.

30. ‘Relevant action’ is defined in section 7(3) and ‘relevant service’ is defined in section 7(4). The definitions are designed to ensure that it is only the functions of listed authorities in, essentially, their public capacity that can be investigated. In the case of a listed authority that falls within section 7(3)(e), the Ombudsman is entitled to investigate alleged maladministration in the discharge of that authority’s administrative functions. The Assembly would be such an authority. Section 7(3)(e) means, for instance, that the Ombudsman is not entitled to investigate the Assembly’s legislative or judicial functions. In the case of a person added to Schedule 3 (“listed authorities”) to the Act, by order under section 28(2), section 7(3)(d) and (4)(d) provides that the Ombudsman is only entitled to investigate action which that person takes or a service which that person provides in the discharge of that person’s functions which have been specified in the order as falling within the Ombudsman’s remit.

31. The effect of subsection (6) is that where a listed authority appoints a person as a member of staff of a ‘relevant tribunal’, an administrative function of that person is treated as being an administrative function of the listed authority and so that function will fall within the remit of the Ombudsman. A ‘relevant tribunal’ means a tribunal specified by order made by the Assembly (section 41(1)).