F1Part 3AInvestigation of complaints about privately arranged or funded adult social care

Statements etc. about investigations

34KDisclosure of information

(1)

Information obtained by a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, in the course of or for the purposes of an investigation under this Part must not be disclosed except—

(a)

for the purposes of the investigation and of any statement, adverse findings notice or summary under section 34H, 34I or 34J,

(b)

for the purposes of an investigation under Part 3 and of any report, statement or summary under section 30, 31 or 31B in relation to such an investigation,

(c)

for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner (or both),

(d)

for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1989 F2or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of a Local Commissioner,

(e)

for the purposes of any proceedings for an offence of perjury alleged to have been committed in the course of an investigation under this Part,

(f)

for the purposes of an inquiry with a view to the taking of proceedings of a kind mentioned in paragraph (d) or (e), or

(g)

for the purposes of proceedings under section 34G(10).

(2)

A Local Commissioner or a person discharging or assisting in the discharge of a function of a Local Commissioner may not be called upon to give evidence in any proceedings (other than proceedings within paragraphs (d), (e) or (g) of subsection (1)) of matters coming to his or her knowledge in the course of an investigation under this Part.

(3)

A Local Commissioner must not prepare a statement under section 34H which includes government information unless the Local Commissioner has—

(a)

obtained the written consent of an officer of the government department concerned, or

(b)

given the department not less than one month's notice in writing of the intention to include the information in a statement.

(4)

In subsection (3) “government information” means information disclosed under section 34G(1) which—

(a)

is derived from a communication with a government department, and

(b)

has not been made public.

(5)

Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 is to be treated for the purposes of subsection (1) as obtained for the purposes of an investigation under this Part and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation has effect as a reference to any investigation.