Public Services Ombudsman (Wales) Act 2005

Public Services Ombudsman (Wales) Act 2005

2005 CHAPTER 10

Commentary on Sections

Schedule 2: Excluded Matters

Reports of investigations

Section 21: Reports: alternative procedure

68. The full reporting procedure under sections 16 to 19 does not apply if the Ombudsman decides to report under the alternative procedure set out in section 21.

69. If, after an investigation, the Ombudsman concludes that the person aggrieved:

a)

has not sustained injustice or hardship as a consequence of the action investigated; or

b)

has sustained such injustice or hardship and the listed authority concerned agrees within the permitted period (as defined in section 21(3)) to implement the Ombudsman’s recommendations,

then the Ombudsman may decide to report under the alternative procedure under section 21 but only if he/she is satisfied that the public interest does not require him/her to report under the full reporting procedure set out in sections 16 to 19.

70. A report under the alternative procedure in this section is subject to the same restrictions with respect to naming or identifying individuals as a report under section 16 (section 21(9) and (10)).