Public Services Ombudsman (Wales) Act 2005

1. Introductory Text

2. Part 1 The Public Services Ombudsman for Wales

   1. 1. The Public Services Ombudsman for Wales

3. Part 2 Investigation of complaints relating to listed authorities

   1. Power of investigation

      1. 2. Power of investigation

      2. 3. Alternative resolution of complaints

   2. Complaints

      1. 4. Who can complain

      2. 5. Requirements: complaints made to the Ombudsman

      3. 6. Requirements: complaints referred to the Ombudsman

   3. Matters which may be investigated

      1. 7. Matters which may be investigated

      2. 8. Exclusion: matters not relating to Wales

      3. 9. Exclusion: other remedies

      4. 10. Other excluded matters

      5. 11. Decisions taken without maladministration

   4. Decisions not to investigate etc.

      1. 12. Decisions not to investigate or to discontinue investigation

   5. Investigation procedure and evidence

      1. 13. Investigation procedure

      2. 14. Information, documents, evidence and facilities

      3. 15. Obstruction and contempt

   6. Reports of investigations

      1. 16. Reports of investigations

      2. 17. Publicising reports

      3. 18. Publicising reports: health care providers

      4. 19. Action following receipt of a report

      5. 20. Non-action following receipt of a report

      6. 21. Reports: alternative procedure

   7. Special reports

      1. 22. Special reports

      2. 23. Special reports: supplementary

      3. 24. Special reports relating to the Welsh Assembly Government etc.

   8. ...

      1. 25. Consultation and co-operation with other ombudsmen

      2. 25A. Working jointly with the Commissioner for Older People in Wales

      3. 25B. Working collaboratively with the Commissioner for Older People in Wales

   9. ...

      1. 26. Disclosure of information

      2. 27. Disclosure prejudicial to safety of State or contrary to public interest

   10. Listed authorities

       1. 28. Listed authorities

       2. 29. Restrictions on power to amend Schedule 3

       3. 30. Provisions in orders adding persons to Schedule 3

   11. Miscellaneous

       1. 31. Power to issue guidance

       2. 32. Protection from defamation claims

       3. 33. Publicity for complaints procedures

       4. 34. Compensation for the person aggrieved

4. PART 2A INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

   1. Application of this Part

      1. 34A. Matters to which this Part applies

   2. Investigation of complaints

      1. 34B. Power to investigate complaints

      2. 34C. Alternative resolution of complaints

      3. 34D. Who can complain

      4. 34E. Requirements: complaints made to the Ombudsman

      5. 34F. Requirements: complaints referred to the Ombudsman

   3. Decisions not to investigate etc

      1. 34G. Decisions not to investigate complaints or to discontinue investigations

   4. Investigation procedure and evidence

      1. 34H. Investigation procedure

      2. 34I. Information, documents, evidence and facilities

      3. 34J. Obstruction and contempt

   5. Reports about investigations

      1. 34K. Investigation reports

      2. 34L. Further publicity for investigation reports

      3. 34M. Action following receipt of investigation reports

      4. 34N. Reports: alternative procedure

   6. Special reports

      1. 34O. Circumstances in which special reports may be prepared

      2. 34P. Special reports

      3. 34Q. Further publicity for special reports

   7. Interpretation

      1. 34R. Meaning of “care home” and “care home provider”

      2. 34S. Meaning of “domiciliary care” and “domiciliary care provider”

      3. 34T. Meaning of “palliative care service” and “independent palliative care provider”

5. PART 2B INVESTIGATION OF COMPLAINTS: SUPPLEMENTARY

   1. Consultation and co-operation

      1. 34U. Consultation and co-operation with other ombudsmen

      2. 34V. Working jointly with other Commissioners

      3. 34W. Working collaboratively with other Commissioners

   2. Disclosure

      1. 34X. Disclosure of information

      2. 34Y. Disclosure prejudicial to safety of State or contrary to public interest

      3. 34Z. Protection from defamation claims

6. Part 3 Miscellaneous and General

   1. Conduct of local government members and employees

      1. 35. Conduct of local government members and employees

   2. Abolition of existing bodies and offices

      1. 36. Abolition of existing bodies and offices

      2. 37. Transfer of property, staff etc.

      3. 38. Undetermined complaints

   3. General

      1. 39. Amendments and repeals

      2. 40. Commencement

      3. 41. Interpretation

      4. 42. Former health care providers social landlords, social care providers and palliative care providers : modifications

      5. 43. Consequential, transitional provisions etc.

      6. 44. Orders, regulations and directions

      7. 45. Extent

      8. 46. Short title

7. SCHEDULES

   1. SCHEDULE 1

      Public Services Ombudsman for Wales: appointment etc.

      1. Appointment

         1. 1. The Ombudsman is to be appointed by Her Majesty on...

      2. Status

         1. 2. (1) The Ombudsman is a corporation sole.

      3. Term of office

         1. 3. (1) A person's term of office as the Ombudsman is...

      4. Acting Public Services Ombudsman for Wales

         1. 4. (1) If the office of the Ombudsman becomes vacant, Her...

      5. Disqualification

         1. 5. (1) A person is disqualified from being the Ombudsman or...

         2. 6. (1) A person who holds office as the Ombudsman or...

         3. 7. (1) A person who has ceased to hold office as...

         4. 8. The references in paragraphs 6 and 7 to a paid...

      6. Remuneration etc.

         1. 9. (1) The Assembly must — (a) pay a person who...

      7. Special financial provisions

         1. (1) Any sums payable by the Ombudsman in consequence of...

      8. Staff

         1. 11. (1) The Ombudsman may appoint such staff as he thinks...

      9. Advisers

         1. 12. (1) The Ombudsman may obtain advice from any person who,...

      10. Delegation

          1. 13. (1) Any function of the Ombudsman may be discharged on...

      11. Annual and extraordinary reports

          1. 14. (1) The Ombudsman— (a) must annually prepare a general report...

      12. Estimates

          1. 15. (1) For each financial year other than the first financial...

      13. Accounts

          1. 16. (1) The Ombudsman must— (a) keep proper accounting records; and...

      14. Audit

          1. 17. (1) The accounts prepared by the Ombudsman for a financial...

      15. Accounting officer

          1. 18. (1) The Ombudsman is the accounting officer for the office...

      16. Examinations into the use of resources

          1. 19. (1) The Auditor General for Wales may carry out examinations...

      17. Examinations by the Comptroller and Auditor General

          1. 20. (1) For the purposes of enabling him to carry out...

      18. Supplementary powers

          1. 21. The Ombudsman may do anything (including acquire or dispose of...

   2. SCHEDULE 2

      Excluded matters : Part 2

      1. 1. Action taken by or with the authority of the Welsh...

      2. 2. The commencement or conduct of proceedings before a court of...

      3. 3. Action taken by a member of the administrative staff of...

      4. 4. Action taken in respect of appointments, removals, pay, discipline, superannuation...

      5. 5. Action relating to the determination of the amount of rent....

      6. 6. (1) Action taken by an authority specified in sub-paragraph (2)...

      7. 7. . . . . . . . . . ....

      8. 8. Action under— (a) the National Health Service Act 1977,

      9. 9. Action taken by a Local Health Board in the discharge...

      10. 10. . . . . . . . . . ....

   3. SCHEDULE 3

      Listed authorities

      1. Government of Wales The Welsh Assembly Government. The National Assembly...

      2. Taxation Welsh Revenue Authority

      3. Local government, fire and police A local authority in Wales....

      4. Environment The Committee on Climate Change. A National Park authority...

      5. Health and social care Social Care Wales The Board of...

      6. Housing A social landlord in Wales.

      7. Education and training

      8. Arts and leisure The Arts Council of Wales. The Sports...

      9. Miscellaneous The Building Regulations Advisory Committee for Wales. . ....

   4. SCHEDULE 3A

      Excluded Matters: Part 2A

      1. 1. The commencement or conduct of proceedings before a court of...

      2. 2. Action taken in respect of appointments or removals, pay, discipline,...

   5. SCHEDULE 4

      Conduct of local government members and employees

      1. 1. The Local Government Act 2000 (c. 22) is amended as...

      2. 2. In section 49 (principles governing conduct of members of relevant...

      3. 3. In section 51 (duty of relevant authorities to adopt codes...

      4. 4. In section 53 (standards committees), in subsection (11)(k), for “the...

      5. 5. In section 62 (investigations: further provisions) in subsection (7)—

      6. 6. In section 63 (restrictions on disclosure of information) in subsection...

      7. 7. In the heading to section 67, for “Local Commissioner” substitute...

      8. 8. In section 67— (a) after subsection (1) insert—

      9. 9. For the italic heading immediately preceding section 68 substitute “...

      10. 10. For the heading to section 68 substitute “ Public Services...

      11. 11. In section 68— (a) in subsection (1), for “A Local...

      12. 12. For the heading to section 69 substitute “ Investigations by...

      13. 13. In section 69— (a) in subsection (1), for “A Local...

      14. 14. In section 70 (investigations: further provisions)— (a) in subsection (2),...

      15. 15. In section 71 (reports etc.)— (a) in subsections (1) to...

      16. 16. In section 72 (interim reports), in subsections (1), (3) and...

      17. 17. In section 73 (matters referred to monitoring officers) in subsection...

      18. 18. In section 74 (law of defamation), for “a Local Commissioner...

      19. 19. In section 78 (decisions of interim case tribunals) in subsection...

      20. 20. In section 79 (decisions of case tribunals) in subsection (12)(a)(ii),...

      21. 21. In section 80 (recommendations by case tribunals) in subsection (6)(b),...

      22. 22. In section 81 (disclosure and registration of members' interests etc.)...

      23. 23. In section 82 (code of conduct for local government employees)...

      24. 24. In section 83 (interpretation of Part 3) in subsection (1)—...

   6. SCHEDULE 5

      Transfer of staff, property etc.

      1. Interpretation

         1. 1. In this Schedule— “the commencement date” means the date on...

      2. Transfer of staff

         1. 2. On the commencement date each relevant employee transfers to and...

         2. 3. The contract of employment of a relevant employee transferred under...

         3. 4. Accordingly— (a) all rights, powers, duties and liabilities of the...

         4. 5. But if a relevant employee informs the relevant existing authority...

         5. 6. Paragraph 5 does not affect any right of a relevant...

      3. Transfer of property, rights and liabilities

         1. 7. On the commencement date all property, rights and liabilities to...

         2. 8. The reference in paragraph 7 to rights and liabilities does...

         3. 9. Paragraph 7 has effect in relation to any property, rights...

         4. 10. Anything (including legal proceedings) which is in the process of...

         5. 11. Anything done by an existing authority for the purpose of,...

         6. 12. On and after the commencement date, the Ombudsman is to...

   7. SCHEDULE 6

      Consequential amendments

      1. Parliamentary Commissioner Act 1967 (c. 13)

         1. 1. The Parliamentary Commissioner Act 1967 is amended as follows.

         2. 2. In section 3 (administrative provisions) in subsection (2), for “of...

         3. 3. In section 4 (departments etc. subject to investigation) in subsection...

         4. 4. In section 11 (provision for secrecy of information) in subsection...

         5. 5. (1) Section 11A is amended as follows.

      2. Superannuation Act 1972 (c. 11)

         1. 6. In Schedule 1 to the Superannuation Act 1972 (kinds of...

      3. Local Government Act 1974 (c. 7)

         1. 7. The Local Government Act 1974 is amended as follows.

         2. 8. (1) Section 23 (the Commissions for Local Administration) is amended...

         3. 9. (1) Section 23A (annual reports for representatives etc.) is amended...

         4. 10. In section 25(1) (authorities subject to investigation)—

         5. 11. (1) Section 26 (matters subject to investigation) is amended as...

         6. 12. (1) Section 29 (investigations: further provisions) is amended as follows....

         7. 13. (1) Section 32 (law of defamation and disclosure of information)...

         8. 14. Omit section 32A (use of information by Local Commissioner in...

         9. 15. (1) Section 33 (consultation between Local Commissioner and other commissioners...

         10. 16. (1) Section 34(1) (interpretation of Part 3) is amended as...

         11. 17. For the title to Schedule 4, substitute “ The Commission...

         12. 18. (1) Schedule 4 is amended as follows.

      4. House of Commons Disqualification Act 1975 (c. 24)

         1. 19. In Schedule 1 to the House of Commons Disqualification Act...

      5. National Health Service Act 1977 (c. 49)

         1. 20. (1) Section 19A of the National Health Service Act 1977...

      6. Mental Health Act 1983 (c. 20)

         1. 21. In section 134 of the Mental Health Act 1983 (correspondence...

      7. Finance Act 1989 (c. 26)

         1. 22. In section 182 of the Finance Act 1989 (disclosure of...

      8. Local Government and Housing Act 1989 (c. 42)

         1. 23. The Local Government and Housing Act 1989 is amended as...

         2. 24. (1) Section 5 (designation and reports of monitoring officer) is...

         3. 25. (1) Section 5A (reports of monitoring officer: local authorities operating...

      9. Social Security Administration Act 1992 (c. 5)

         1. 26. In section 123 of the Social Security Administration Act 1992...

      10. Health Service Commissioners Act 1993 (c. 46)

          1. 27. The Health Service Commissioners Act 1993 is amended as follows....

          2. 28. In the heading before section 1, for “Commissioners” substitute “...

          3. 29. For the heading to section 1, substitute “ The Commissioner...

          4. 30. (1) Section 1 is amended as follows.

          5. 31. (1) Section 2 (the bodies subject to investigation) is amended...

          6. 32. (1) Section 2A (health service providers subject to investigation) is...

          7. 33. (1) Section 2B (independent providers subject to investigation) is amended...

          8. 34. In the heading to section 3, for “Commissioners” substitute “...

          9. 35. (1) Section 3 is amended as follows.

          10. 36. (1) Section 4 (availability of other remedy) is amended as...

          11. 37. In section 6 (general health services and service committees) in...

          12. 38. (1) Section 7 (personnel, contracts etc.) is amended as follows....

          13. 39. (1) Section 9 (requirements to be complied with) is amended...

          14. 40. (1) Section 10 (referral of complaint by health service body)...

          15. 41. (1) Section 11 (procedure in respect of investigations) is amended...

          16. 42. In section 12 (evidence) in subsections (1), (1A) and (2),...

          17. 43. In section 13 (obstruction and contempt), in subsection (1), for...

          18. 44. For the heading to section 14 substitute “ Reports by...

          19. 45. (1) Section 14 is amended as follows.

          20. 46. Omit sections 14A to 14C (reports by the Welsh Commissioner)....

          21. 47. (1) Section 15 (confidentiality of information) is amended as follows....

          22. 48. In section 16 (information prejudicial to the safety of the...

          23. 49. (1) Section 17 (use of information by Commissioner in other...

          24. 50. (1) Section 18 (consultation during investigations) is amended as follows....

          25. 51. In section 18A (disclosure of information to Information Commissioner) in...

          26. 52. (1) Section 19 (interpretation) is amended as follows.

          27. 53. (1) Schedule 1 is amended as follows.

          28. 54. Omit Schedule 1A (the Welsh Commissioner).

      11. Deregulation and Contracting Out Act 1994 (c. 40)

          1. 55. In section 79(1) of the Deregulation and Contracting Out Act...

      12. Housing Act 1996 (c. 52)

          1. 56. The Housing Act 1996 is amended as follows.

          2. 57. In section 51(7) (schemes for investigation of housing complaints), for...

          3. 58. Omit sections 51A to 51C and Schedule 2A (the Social...

      13. Audit Commission Act 1998 (c. 18)

          1. 59. In section 49(1) of the Audit Commission Act 1998 (restriction...

      14. Data Protection Act 1998 (c. 29)

          1. 60. In section 31 of the Data Protection Act 1998 (regulatory...

      15. Government of Wales Act 1998 (c. 38)

          1. 61. The Government of Wales Act 1998 is amended as follows....

          2. 62. In section 12(1) (disqualification from being Assembly member)—

          3. 63. In section 13(3) (exceptions and relief from disqualification), for “or...

          4. 64. In section 70 (openness), in subsection (5)(a) for “the Welsh...

          5. 65. Omit section 111 (Welsh Administration Ombudsman).

          6. 66. In section 144 (accounts, audit and reports), in subsection (8)(a)—...

          7. 67. In section 146 (transfer etc. of functions from Comptroller and...

          8. 68. In section 156 (defined expressions), omit the entry for the...

          9. 69. Omit Schedule 9 (Welsh Administration Ombudsman).

      16. Freedom of Information Act 2000 (c. 36)

          1. 70. The Freedom of Information Act 2000 is amended as follows....

          2. 71. In section 76(1) (disclosure of information between Information Commission and...

          3. 72. In Schedule 1 (public authorities), in Part 6—

      17. Scottish Public Services Ombudsman Act 2002 (asp 11)

          1. 73. In section 21(1) of the Scottish Public Services Ombudsman Act...

      18. Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

          1. 74. The Health and Social Care (Community Health and Standards) Act...

          2. 75. In section 113 (complaints about health care) in subsection (4)—...

          3. 76. In section 114 (complaints about social services) in subsection (5)—...

      19. Public Audit (Wales) Act 2004 (c. 23)

          1. 77. In section 54 of the Public Audit (Wales) Act 2004...

   8. SCHEDULE 7

      Repeals