Office of Public Sector Information
PART 2 continued
(6) The Ombudsman may publish a report prepared under this section if, after taking account of the interests of the person aggrieved and any other persons he thinks appropriate, he 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 any part of such a 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) If a report prepared under this section—
(a) mentions the name of any person other than the listed authority in respect of which the complaint was made, or
(b) includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in his opinion, can be omitted without impairing the effectiveness of the report,
that information must not be included in a version of the report sent to a person under subsection (5) or published under subsection (6), subject to subsection (10).
(10) Subsection (9) does not apply in relation to a version of the report if, after taking account of the interests of the person aggrieved and any other persons he thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the report.
(11) If the Ombudsman would otherwise send a copy of a report (or part of a report) to the Assembly under subsection (5) or (7), he must send the copy to the Assembly First Secretary instead.
(1) The Ombudsman may prepare a report under this section (a “special report”) if subsection (2), (4) or (6) applies.
(2) This subsection applies if, in a report under section 16, the Ombudsman has concluded that the person aggrieved has sustained injustice or hardship in consequence of the matter investigated and—
(a) the Ombudsman has not received the notification required under section 19 before the end of the period permitted under that section,
(b) he has received that notification but he is not satisfied with—
(i) the action which the listed authority has taken or proposes to take, or
(ii) the period before the end of which it proposes to have taken that action, or
(c) he has received that notification but he is not satisfied that the listed authority has, before the end of the permitted period, taken the action it proposed to take.
(3) The permitted period for the purposes of subsection (2)(c) is—
(a) the period referred to in section 19(2)(b), or
(b) any longer period specified by the Ombudsman in writing.
(4) This subsection applies if the Ombudsman—
(a) has prepared a report under section 21 by virtue of subsection (2) of that section, and
(b) is not satisfied that the listed authority has implemented his recommendations before the end of the permitted period.
(5) The permitted period for the purposes of subsection (4)(b) is—
(a) the period referred to in section 21(2)(b), or
(b) any longer period specified by the Ombudsman in writing.
(6) This subsection applies if—
(a) a complaint in respect of a listed authority has been resolved under section 3,
(b) in resolving the complaint, the Ombudsman has concluded that the person aggrieved has sustained injustice or hardship in consequence of the matter which is the subject of the complaint,
(c) the listed authority has agreed to take particular action before the end of a particular period, and
(d) the Ombudsman is not satisfied that the listed authority has taken that action before the end of the permitted period.
(7) The permitted period for the purposes of subsection (6)(d) is—
(a) the period referred to in subsection (6)(c), or
(b) any longer period specified by the Ombudsman in writing.
(8) A special report must—
(a) set out the facts on the basis of which subsection (2), (4) or (6) applies, and
(b) make such recommendations as the Ombudsman thinks fit with respect to the action which, in his opinion, should be taken—
(i) to remedy the injustice or hardship to the person aggrieved, and
(ii) to prevent similar injustice or hardship being caused in the future.
(9) The Ombudsman must send a copy of a special report—
(a) if the special report is prepared because subsection (2) applies, to each person to whom a copy of the report under section 16 was sent under section 16(1)(b);
(b) if the special report is prepared because subsection (4) or (6) applies, to the person who made the complaint and the listed authority.
(10) The Ombudsman may send a copy of a special report to any other persons he thinks appropriate.
(1) The Ombudsman may—
(a) publish a special report;
(b) supply a copy of the published report or any part of it to any person who requests it.
(2) The Ombudsman may charge a reasonable fee for supplying a copy of a report (or part of a report) under subsection (1)(b).
(3) The listed authority in respect of which a special report is made must reimburse the Ombudsman for the cost of publishing a special report if requested to do so by the Ombudsman.
(4) If a special report—
(a) mentions the name of any person other than the listed authority in respect of which the complaint was made, or
(b) includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in his opinion, can be omitted without impairing the effectiveness of the report,
that information must not be included in a version of the report sent to a person under section 22(9) or (10) or published under subsection (1) of this section, subject to subsection (5).
(5) Subsection (4) does not apply in relation to a version of the special report if, after taking account of the interests of the person aggrieved and any other persons he thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the special report.
(6) If the Ombudsman would otherwise send a copy of a special report (or part of a special report) to the Assembly under section 22(9) or (10) or subsection (1) of this section, he must send the copy to the Assembly First Secretary instead.
(7) Sections 17 and 18 (publicising reports under section 16) apply in relation to a special report as they apply in relation to a report under section 16.
(1) This section applies if a special report is made in a case where the complaint was made in respect of the Assembly.
(2) The Assembly First Secretary must—
(a) lay a copy of the report before the Assembly, and
(b) unless action to the satisfaction of the Ombudsman has been taken or proposed, give the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations contained in it.
(3) The standing orders of the Assembly must make provision for any motion of which notice has been given pursuant to subsection (2) to be moved as soon as is reasonably practicable, unless action to the satisfaction of the Ombudsman has been taken or proposed.
(1) This section applies if, in making a decision under section 2(5) or conducting an investigation, the Ombudsman forms the opinion that any matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7).
(2) The Ombudsman must consult that ombudsman about the matter.
(3) The Ombudsman may co-operate with that ombudsman in relation to the matter.
(4) Consultation under subsection (2), and co-operation under subsection (3), may extend to anything relating to any matter the subject of the complaint or investigation, including in particular—
(a) the conduct of an investigation into the complaint;
(b) the form, content and publication of a report of the investigation.
(5) If the Ombudsman consults an ombudsman about a matter under subsection (2), the Ombudsman and that ombudsman may—
(a) conduct a joint investigation into the matter;
(b) prepare a joint report in relation to the investigation;
(c) publish the joint report.
(6) Subsection (5) does not apply if the ombudsman consulted under subsection (2) is the Scottish Public Services Ombudsman.
(7) The ombudsmen referred to in subsection (1) are—
(a) the Parliamentary Commissioner for Administration;
(b) the Health Service Commissioner for England;
(c) a Local Commissioner;
(d) the Scottish Public Services Ombudsman;
(e) a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c. 52);
(f) the Children’s Commissioner for Wales.
(8) The Assembly may by order amend subsection (7) by—
(a) adding a person;
(b) omitting a person;
(c) changing the description of a person.
(9) An order under subsection (8) may add a person to subsection (7) only if the person appears to the Assembly to have functions relating to the investigation of complaints.
(1) The information to which this section applies is—
(a) information obtained by the Ombudsman, a member of his staff or another person acting on his behalf or assisting him in the discharge of any of his functions—
(i) in deciding whether to begin an investigation,
(ii) in the course of an investigation, or
(iii) in resolving a complaint under section 3;
(b) information obtained from an ombudsman mentioned in section 25(7) by virtue of any provision of section 25 or a corresponding provision in an enactment relating to any of those ombudsmen;
(c) information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36) (disclosure between Information Commissioner and ombudsmen).
(2) The information must not be disclosed except—
(a) for the purposes of deciding whether to begin an investigation;
(b) for the purposes of an investigation;
(c) for the purposes of resolving a complaint under section 3;
(d) for the purposes of a statement or report made in relation to a complaint or investigation;
(e) for the purposes of any provision of section 25;
(f) for the purposes of proceedings for—
(i) an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed by the Ombudsman, a member of his staff or other person acting on his behalf or assisting him in the discharge of any of his functions;
(ii) an offence of perjury alleged to have been committed in the course of an investigation;
(g) for the purposes of an inquiry with a view to the taking of proceedings mentioned in paragraph (f);
(h) for the purposes of proceedings under section 15 (obstruction and contempt);
(i) in the case of information to the effect that a person is likely to constitute a threat to the health or safety of one or more persons, to any person to whom the Ombudsman thinks it should be disclosed in the public interest;
(j) in the case of information to which subsection (3) applies, to the Information Commissioner.
(3) This subsection applies to information if it appears to the Ombudsman to relate to—
(a) a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (4), or
(b) the commission of an offence mentioned in subsection (5).
(4) The enactments are—
(a) Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);
(b) section 48 of the Freedom of Information Act 2000 (c. 36) (practice recommendations);
(c) Part 4 of that Act (enforcement).
(5) The offences are those under—
(a) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 to that Act (obstruction of execution of warrant);
(b) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(6) No person may be called upon to give evidence in any proceedings (other than proceedings mentioned in subsection (2)) of information obtained by him as mentioned in subsection (1)(a) or (b).
(1) A Minister of the Crown may give notice to the Ombudsman with respect to—
(a) any document or information specified in the notice, or
(b) any class of document or information so specified,
that, in the opinion of the Minister, the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.
(2) If a notice is given under subsection (1), nothing in this Act is to be construed as authorising or requiring the Ombudsman, a member of his staff or another person acting on his behalf or assisting him in the discharge of any of his functions to disclose to any person or for any purpose any document or information, or class of document or information, specified in the notice.
(1) The persons specified in Schedule 3 are listed authorities for the purposes of this Act.
(2) The Assembly may by order amend Schedule 3 by—
(a) adding a person;
(b) omitting a person;
(c) changing the description of a person.
(3) An order under subsection (2) adding a person to Schedule 3 may provide for this Act to apply to the person with the modifications specified in the order.
(4) Before making an order under subsection (2), the Assembly must consult the Ombudsman and any other persons it thinks appropriate.
(5) Sections 29 and 30 contain further restrictions on the power in subsection (2).
(1) An order under section 28(2) may not omit the Assembly from Schedule 3.
(2) An order under section 28(2) may add a person to Schedule 3 only if—
(a) the person has functions dischargeable in relation to Wales or a part of Wales (whether or not the functions are also dischargeable otherwise than in relation to Wales),
(b) all or some of the person’s functions are in a field in which the Assembly has functions, and
(c) the person falls within subsection (3), (4) or (5).
(3) A person falls within this subsection if—
(a) it is a body established by or under an enactment or by virtue of Her Majesty’s prerogative or in any other way by a Minister of the Crown, a government department, the Assembly or another listed authority,
(b) it is a body wholly or partly constituted by appointment made by Her Majesty, a Minister of the Crown, a government department, the Assembly or another listed authority, and
(c) at least half of its expenditure on the discharge of its functions in relation to Wales is met directly from payments made by the Assembly or other listed authorities.
(4) A person falls within this subsection if—
(a) it is a body established by or under an enactment, and
(b) it has power to issue a precept or a levy.
(5) A person falls within this subsection if—
(a) it appears to the Assembly that the person discharges functions of a public nature, and
(b) at least half of the person’s expenditure on the discharge of those functions in relation to Wales is met directly or indirectly from payments by the Assembly or other listed authorities.
(6) An order under section 28(2) may not add to Schedule 3—
(a) a Special Health Authority discharging functions only or mainly in England;
(b) a person who carries on under national ownership an industry or undertaking or part of an industry or undertaking.
(1) If the Assembly proposes to make an order under section 28(2) adding a person to Schedule 3, it must also specify in the order—
(a) whether all or only some of the person’s functions are to fall within the remit of the Ombudsman under this Part;
(b) if only some of the person’s functions are to fall within the remit of the Ombudsman under this Part, which those functions are.
(2) If the person is to be added to Schedule 3 on the basis that the person falls within section 29(3) or (4), the order may specify a function under subsection (1) only if the function is in a field in which the Assembly has functions.
(3) If the person is to be added to Schedule 3 on the basis that the person falls within section 29(5), the order may specify a function under subsection (1) only if—
(a) the function is in a field in which the Assembly has functions, and
(b) the function appears to the Assembly to be a function of a public nature.
(4) The order may specify all a person’s functions under subsection (1) only if all the person’s functions satisfy the requirements of subsection (2) or (as the case may be) subsection (3).
(1) The Ombudsman may issue to one or more listed authorities such guidance about good administrative practice as he thinks appropriate.
(2) Before issuing guidance under this section the Ombudsman must consult such listed authorities, or persons appearing to him to represent them, as he thinks appropriate.
(3) If guidance issued under this section is applicable to a listed authority, the authority must have regard to the guidance in discharging its functions.
(4) In conducting an investigation in respect of a listed authority, the Ombudsman may have regard to the extent to which the authority has complied with any guidance issued under this section which is applicable to the authority.
(5) The Ombudsman may publish any guidance issued under this section in any manner that he thinks appropriate, including in particular by putting the guidance in an annual or extraordinary report.
(6) Guidance issued under this section may contain different provision for different purposes.
(7) Subject to subsection (8), guidance issued under this section must not—
(a) mention the name of any person other than the listed authorities to which it is applicable or a listed authority in respect of which a complaint has been made or referred to the Ombudsman under this Act, or
(b) include any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in his opinion, can be omitted without impairing the effectiveness of the guidance.
(8) Subsection (7) does not apply if, after taking account of the interests of any persons he thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in the guidance.
For the purposes of the law of defamation, the following are absolutely privileged—
(a) the publication of a matter by the Ombudsman, a member of his staff or another person acting on his behalf or assisting him in the discharge of any of his functions, in the discharge of any of the Ombudsman’s functions under this Act;
(b) the publication of a matter by a person in the discharge of functions under section 17;
(c) the publication of a matter in connection with a complaint made or referred to the Ombudsman under this Part, in communications between—
(i) a listed authority, a member or co-opted member of a listed authority, an officer or member of the staff of a listed authority or another person acting on behalf of a listed authority or assisting it in the discharge of any of its functions, and
(ii) the Ombudsman, a member of his staff or another person acting on his behalf or assisting him in the discharge of any of his functions;
(d) the publication of any matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Part, in communications between a person and an Assembly member;
(e) the publication of any matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Part, in communications between the person and the Ombudsman, a member of his staff or another person acting on his behalf or assisting him in the discharge of any of his functions.
(1) A listed authority must take reasonable steps to provide information to the public about—
(a) the right to make a complaint to the Ombudsman in respect of the authority,
(b) the right of the authority to refer a complaint to the Ombudsman,
(c) the time limits for making and referring complaints to the Ombudsman, and
(d) how to contact the Ombudsman.
(2) In particular, information about the matters specified in subsection (1) must be included in or provided with—
(a) any document published by the listed authority which contains information about—
(i) relevant services provided by the authority to members of the public, or
(ii) the procedures of the authority for dealing with complaints, and
(b) any document issued by the listed authority in responding to a complaint made to it by a person who might be entitled to make the complaint to the Ombudsman.
(3) The Ombudsman may issue guidance to listed authorities with respect to the discharge of their functions under this section.
(4) A listed authority must have regard to guidance given by the Ombudsman under subsection (3).
(5) “Relevant service” has the meaning given in section 7.
(1) This section applies if—
(a) a complaint in respect of a matter is made or referred to the Ombudsman, and
(b) the complaint is one which the Ombudsman has power to investigate under section 2.
(2) The listed authority in respect of which the complaint is made may make a payment to, or provide any other benefit for, the person aggrieved in respect of the matter which is the subject of the complaint.
(3) It is immaterial for the purposes of this section that the Ombudsman has decided not to investigate the complaint, has discontinued an investigation of the complaint, has not yet completed an investigation of the complaint or has not upheld the complaint.
(4) The power in subsection (2) does not affect any other power of the listed authority to make the payment or provide the benefit.
Public Services Ombudsman (Wales) Act 2005