Public Services Ombudsman (Wales) Act 2019

1. Introductory Text

2. PART 1 INTRODUCTION

   1. 1. Overview

3. PART 2 THE PUBLIC SERVICES OMBUDSMAN FOR WALES

   1. 2. The Public Services Ombudsman for Wales

4. PART 3 INVESTIGATIONS

   1. Power of investigation

      1. 3. Power to investigate complaints

      2. 4. Power to investigate on own initiative

      3. 5. Criteria for own initiative investigations

      4. 6. Alternative resolution of matters

   2. Complaints

      1. 7. Who can complain

      2. 8. Requirements: complaints made to the Ombudsman

      3. 9. Requirements: complaints referred to the Ombudsman

      4. 10. Records of complaints

   3. Matters which may be investigated

      1. 11. Matters which may be investigated

      2. 12. Exclusion: matters not relating to Wales

      3. 13. Exclusion: other remedies

      4. 14. Other excluded matters

      5. 15. Decisions taken without maladministration

   4. Ancillary investigations

      1. 16. Power to investigate other health-related services

   5. Decisions not to investigate etc

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

   6. Investigation procedure and evidence

      1. 18. Investigation procedure

      2. 19. Information, documents, evidence and facilities

      3. 20. Obstruction and contempt

      4. 21. Obstruction and contempt: costs recovery

      5. 22. Serving a costs recovery notice

   7. Reports of investigations

      1. 23. Reports of investigations

      2. 24. Publicising reports

      3. 25. Publicising reports: health care providers

      4. 26. Action following receipt of a report

      5. 27. Reports: alternative procedure

   8. Special reports

      1. 28. Special reports

      2. 29. Special reports: supplementary

      3. 30. Special reports relating to the Welsh Government and the National Assembly for Wales Commission

   9. Listed authorities

      1. 31. Listed authorities

      2. 32. Restrictions on power to amend Schedule 3

      3. 33. Provisions in regulations adding persons to Schedule 3

      4. 34. Power to issue guidance

   10. Compensation

       1. 35. Compensation for the person aggrieved

5. PART 4 LISTED AUTHORITIES: COMPLAINTS-HANDLING PROCEDURES

   1. 36. Complaints-handling: statement of principles

   2. 37. Model complaints-handling procedures

   3. 38. Model complaints-handling procedures: specification of listed authorities

   4. 39. Declarations of non-compliance

   5. 40. Submission of complaints-handling procedure: general

   6. 41. Complaints-handling procedures: promotion of best practice etc

6. PART 5 INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

   1. Application of this Part

      1. 42. Matters to which this Part applies

   2. Investigation of complaints

      1. 43. Power to investigate complaints

      2. 44. Power to investigate on own initiative

      3. 45. Criteria for own initiative investigations

      4. 46. Alternative resolution of matters

      5. 47. Who can complain

      6. 48. Requirements: complaints made to the Ombudsman

      7. 49. Requirements: complaints referred to the Ombudsman

      8. 50. Records of complaints

   3. Decisions not to investigate etc

      1. 51. Decisions not to investigate complaints or to discontinue investigations

   4. Investigation procedure and evidence

      1. 52. Investigation procedure

      2. 53. Information, documents, evidence and facilities

      3. 54. Obstruction and contempt

   5. Reports about investigations

      1. 55. Investigation reports

      2. 56. Further publicity for investigation reports

      3. 57. Action following receipt of investigation reports

      4. 58. Reports: alternative procedure

   6. Special reports

      1. 59. Circumstances in which special reports may be prepared

      2. 60. Special reports

      3. 61. Further publicity for special reports

   7. Interpretation

      1. 62. Meaning of “care home” and “care home provider”

      2. 63. Meaning of “domiciliary care” and “domiciliary care provider”

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

7. PART 6 INVESTIGATIONS: SUPPLEMENTARY

   1. Consultation and co-operation

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

      2. 66. Working jointly with specified persons

      3. 67. Working collaboratively with Commissioners

      4. 68. Working with the Auditor General for Wales

   2. Disclosure

      1. 69. Disclosure of information

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

      3. 71. Protection from defamation claims

8. PART 7 MISCELLANEOUS AND GENERAL

   1. Welsh language standards

      1. 72. Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards

   2. Review of Act

      1. 73. Review of Act

   3. Application of the 2005 Act to certain investigations

      1. 74. Investigations commenced before sections 3, 4, 43 and 44 come into force

   4. General

      1. 75. Repeals, savings and consequential amendments

      2. 76. Functions of the Assembly

      3. 77. Commencement

      4. 78. Interpretation

      5. 79. Former health care providers, social landlords, social care providers and palliative care providers: modifications

      6. 80. Consequential, transitional provisions etc

      7. 81. Regulations and directions

      8. 82. Short title

9. 1. SCHEDULE 1

      PUBLIC SERVICES OMBUDSMAN FOR WALES: APPOINTMENT ETC

      1. 1. Appointment

      2. 2. Status

      3. 3. Term of office

      4. 4. Acting Public Services Ombudsman for Wales

      5. 5. Further provision: appointment

      6. 6. Disqualification

      7. 7. (1) A person who holds office as the Ombudsman or...

      8. 8. (1) A person who has ceased to hold office as...

      9. 9. The references in paragraphs 7 and 8 to a paid...

      10. 10. Remuneration etc

      11. 11. Special financial provisions

      12. 12. Staff

      13. 13. Advisers

      14. 14. Delegation

      15. 15. Annual and extraordinary reports

      16. 16. Estimates

      17. 17. Accounts

      18. 18. Audit

      19. 19. Accounting officer

      20. 20. Examinations into the use of resources

      21. 21. Supplementary powers

      22. 22. Previous Ombudsman to continue to be Ombudsman

   2. SCHEDULE 2

      EXCLUDED MATTERS: PART 3

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

   3. SCHEDULE 3

      LISTED AUTHORITIES

   4. SCHEDULE 4

      EXCLUDED MATTERS: PART 5

      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 5

      CONSEQUENTIAL AMENDMENTS

      1. PART 1 Investigations

         1. 1. Care Standards Act 2000 (c.14)

         2. 2. Insert new section 75ZC— Working jointly with the Public Services...

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

         4. 4. Public Audit (Wales) Act 2013 (anaw 3)

         5. 5. Well-being of Future Generations (Wales) Act 2015 (anaw 2)

      2. PART 2 MISCELLANEOUS

         1. 6. Parliamentary Commissioner Act 1967 (c.13)

         2. 7. In section 11A (consultations between Parliamentary Commissioner and other Commissioners...

         3. 8. Local Government Act 1974 (c.7)

         4. 9. In section 34T (interpretation of Part 3A), in subsection (1),...

         5. 10. Ancient Monuments and Archaeological Areas Act 1979 (c.46)

         6. 11. Local Government and Housing Act 1989 (c.42)

         7. 12. In section 5A (reports of monitoring officer – local authorities...

         8. 13. Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)

         9. 14. In Schedule 3 (determination of certain appeals by person appointed...

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

         11. 16. Housing Act 1996 (c.52)

         12. 17. In section 51 (schemes for investigation of complaints), in subsection...

         13. 18. Freedom of Information Act 2000 (c.36)

         14. 19. Local Government Act 2000 (c.22)

         15. 20. In section 70 (investigations: further provisions), in subsection (2)(b), for...

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

         17. 22. National Health Service (Wales) Act 2006 (c.42)

         18. 23. Commissioner for Older People (Wales) Act 2006 (c.30)

         19. 24. Government of Wales Act 2006 (c.32)

         20. 25. Local Government and Public Involvement in Health Act 2007 (c.28)

         21. 26. Social Services and Well-being (Wales) Act 2014 (anaw 4)

         22. 27. In section 177 (further consideration of representations), in subsection (4)(a)—...

         23. 28. Data Protection Act 2018 (c.12)