Public Services Ombudsman (Wales) Act 2019

58 Reports: alternative procedure

(1) This section applies if, after the Ombudsman has conducted an investigation under this Part—

(a) the Ombudsman concludes that no person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, and

(b) the Ombudsman is satisfied that the public interest does not require sections 55 to 57 to apply.

(2) This section also applies if, after the Ombudsman has conducted an investigation under this Part—

(a) the Ombudsman concludes that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated,

(b) the provider to whom the investigation relates agrees to implement, before the end of the permitted period, any recommendations that the Ombudsman makes, and

(c) the Ombudsman is satisfied that the public interest does not require sections 55 to 57 to apply.

(3) In subsection (2)(b) “the permitted period” means—

(a) a period agreed between the Ombudsman and the provider and, if the investigation relates to a complaint, the person who made the complaint, or

(b) if the Ombudsman thinks that no such agreement can be reached, a period specified by the Ombudsman in writing.

(4) The Ombudsman may decide to prepare a report on the Ombudsman’s findings under this section, rather than under section 55; and if the Ombudsman decides to do so, sections 55 to 57 do not apply.

(5) If a report is prepared under this section, the Ombudsman—

(a) must send a copy of the report to—

(i) if the investigation relates to a complaint, the person who made the complaint;

(ii) the provider to whom the report relates, and

(b) may send a copy of the report to any other persons the Ombudsman thinks appropriate.

(6) The Ombudsman may publish the report if, after taking account of the interests of the persons aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so.

(7) The Ombudsman may supply a copy of a report published under subsection (6), or a part of that report, to any person who requests it.

(8) The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (7).

(9) The following information must not be included in a version of the report sent to a person under subsection (5) or published under subsection (6)—

(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.

(10) Subsection (9) 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.