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PART VIReports

Reports

14.—(1) Following the conclusion of an examination undertaken pursuant to Part IV of these Regulations, the Commissioner must prepare a report on his or her findings.

(2) Following the conclusion of a review of discharge of functions pursuant to section 3 of the Act or a review of arrangements pursuant to section 5 of the Act the Commissioner may prepare a report on his or her findings.

(3) Where the Commissioner and the Children’s Commissioner for Wales discharge their respective functions under the Act and the Care Standards Act 2000 in relation to the same matter, the Commissioner may make a joint report with the Children’s Commissioner for Wales.

(4) A report made under paragraph (1), (2) or (3) must set out —

(a)the findings and conclusions of the Commissioner; and

(b)any recommendations made by the Commissioner.

(5) The Commissioner must send a copy of his or her report to —

(a)the First Minister;

(b)the libraries of the Assembly and of the Houses of Parliament;

(c)in the case of a report made under paragraph (1), to the person who made a representation to the Commissioner in accordance with regulation 9; and

(d)in the case of a report made under paragraph (1), (2) or (3), to the person or persons —

(i)whose provision of services, or the exercise of whose functions, have been examined;

(ii)whose arrangements in relation to advocacy, complaints or whistle-blowing have been reviewed;

(iii)who are mentioned in the report.

Further action following a report

15.—(1) Where the Commissioner has made a report following the examination of a case pursuant to section 10 of the Act or the review of arrangements pursuant to section 5 of the Act which contains a recommendation in respect of a provider of regulated services in Wales, the Assembly, or a person mentioned in Schedule 2 to the Act, the Commissioner may require the person in writing in respect of whom the recommendation is made to provide the Commissioner with the relevant information in such reasonable period as the Commissioner may specify but in any event no later than 3 months of the date on which the person is sent a copy of the report.

(2) Where the Commissioner has made a report following a review of discharge of functions pursuant to section 3 of the Act which contains a recommendation in respect of a person mentioned in paragraph (1) of this regulation, the Commissioner may request the person in writing in respect of whom the recommendation is made to provide the Commissioner with the relevant information in such reasonable period as the Commissioner may specify but in any event no later than 3 months of the date on which the person is sent a copy of the report.

(3) For the purposes of paragraphs (1) and (2) “the relevant information” means such information, explanation or assistance as to enable the Commissioner to determine whether the person concerned has complied with the recommendation or will be so complying, or an explanation of the reason for no such action having been taken or not being intended to be taken.

(4) Where a requirement is made under paragraph (1) or a request is made under paragraph (2) it must include a statement that failure to respond within the time specified under the relevant paragraph may be published in such manner as the Commissioner considers appropriate.

(5) If the Commissioner reasonably considers, upon receipt of the relevant information, that the action taken or proposed to be taken to comply with the recommendation or that the reason for no such action being taken or not being proposed to be taken is inadequate, the Commissioner may send to the person concerned a written notice setting out the inadequacies which requires a response within 1 month of the date of sending.

(6) Where the Commissioner receives no response within 1 month of the date of sending the written notice under paragraph (5), or is dissatisfied with the response, the Commissioner may send a supplementary notice which requires a supplementary response within 1 month of the date of sending.

(7) The supplementary notice must include a statement that failure to provide what the Commissioner reasonably considers to be a satisfactory supplementary response, or a response at all, may be published in such manner as the Commissioner considers appropriate.

(8) The Commissioner must maintain a register containing details of —

(a)recommendations contained in reports made under regulation 14, and

(b)the results of further action taken in accordance with paragraphs (1), (2), (5) and (6) of this regulation.

(9) Any register maintained under paragraph (8) must be open to inspection by any person at all reasonable times at the offices of the Commissioner and the Commissioner may make arrangements for copies of the register to be available for inspection in such other place or places or by such other means as he or she considers appropriate.

(10) The Commissioner must publish the said inspection arrangements in such a way as to bring them to the attention of persons who are, in the reasonable opinion of the Commissioner, likely to be interested.

Reports to the Assembly

16.—(1) The Commissioner may make a report to the Assembly in connection with the exercise of any of his or her general functions pursuant to section 2 of the Act.

(2) Subject to paragraph (3), the Commissioner must make an annual report to the Assembly which must contain —

(a)a summary of the action taken in the exercise of the Commissioner’s functions under the Act during the previous financial year including a summary of the reports issued during that period and of such representations as the Commissioner may have made during that period pursuant to section 2(3) of the Act, including any representations made as to the range or effectiveness of the Commissioner’s powers;

(b)a summary of the complaints made in accordance with the Commissioner’s complaints procedure established pursuant to section 20 of the Act and of the action taken by the Commissioner in response to these complaints;

(c)a review of issues relevant to the interests of older people in Wales; and

(d)a summary of the Commissioner’s work programme for the financial year in which the report is made and of the Commissioner’s proposals for a work programme for the following financial year.

(3) The first report referred to in paragraph (2) must be made in 2008.

(4) Subject to paragraph (3), the Commissioner must, no later than 1st October in each year, send a copy of the report referred to in paragraph (1), (2) and (3) to —

(a)the First Minister; and

(b)the libraries of the Assembly and of the Houses of Parliament.

Publication of reports

17.—(1) The Commissioner must ensure, so far as is reasonably practicable, that reports made under regulations 14 and 16 are available in formats which are accessible to older people.

(2) The Commissioner must arrange for copies of reports made under regulations 14 and 16 to be available for inspection at the Commissioner’s office at all reasonable times and at such other places or by such other means, including by electronic means, as the Commissioner considers appropriate.

(3) The Commissioner must publish the said inspection arrangements in such a way as to bring them to the attention of persons who are, in the reasonable opinion of the Commissioner, likely to be interested.