Schedule 10: Amendments in connection with the new homes ombudsman scheme
Effect
- This schedule contains amendments to other legislation as a result of the establishment of the new homes ombudsman scheme.
Background
- The Government expect the New Homes Ombudsman to co-operate with other redress schemes. Schedule 9 paragraph 14 provides for the New Homes Ombudsman scheme itself to cover co-operation with other redress schemes. Where jurisdiction falls to more than one redress scheme, the scheme may include provision about a person exercising functions under the New Homes Ombudsman scheme working jointly with a person exercising functions under another redress scheme, including the making of joint determinations with another independent person under another redress scheme.
- This schedule includes amendments to the Local Government Act 1974 and the Housing Act 1996 to facilitate co-operation and joint investigations between the Local Government and Social Care Ombudsman or the Housing Ombudsman and the New Homes Ombudsman and New Homes Ombudsman scheme provider.
- The Local Government and Social Care Ombudsman would be required to consult the New Homes Ombudsman when it is investigating matters which it believes could be the subject of a New Homes Ombudsman investigation, and in that scenario to explain to complainants how to make complaints to the New Homes Ombudsman scheme if necessary. It places the New Homes Ombudsman under a similar duty when investigating a matter which that Ombudsman believes could fall within the jurisdiction of the Local Government and Social Care Ombudsman. The schedule also allows for joint investigations with the New Homes Ombudsman, and for arrangements for these ombudsmen and the New Homes Ombudsman scheme provider to provide administrative, professional or technical services to each other.
- The schedule allows the Housing Ombudsman to conduct joint investigations with the New Homes Ombudsman as well as Local Commissioners as set out in the Housing Act 1996.
- Lastly, the schedule amends section 65 of the Public Services Ombudsman (Wales) Act 2019 to allow the Public Services Ombudsman for Wales to co-operate with and pass certain information to the New Homes Ombudsman. This includes a requirement for the Public Services Ombudsman for Wales to consult the New Homes Ombudsman when investigating a matter which that Ombudsman believes could be the subject of a New Homes Ombudsman investigation; a power for that Ombudsman to co-operate with the New Homes Ombudsman in those circumstances; and a power to conduct joint investigations and issue and publish joint reports about them with the New Homes Ombudsman.
- The amendment is also designed to allow information obtained by the Public Services Ombudsman for Wales in certain circumstances, such as during the conduct of an investigation or when deciding whether to investigate, to be disclosed for the purposes of co-operation with the New Homes Ombudsman under section 65.
