|
| |
|
(3) | But the condition in subsection (2) is not met in relation to a person merely |
| |
because he has taken action such as is mentioned in section 13(6). |
| |
(4) | If the Ombudsman issues a certificate under subsection (1), the High Court |
| |
may inquire into the matter. |
| |
(5) | If the High Court is satisfied that the condition in subsection (2) is met in |
| 5 |
relation to the person, it may deal with him in any manner in which it could |
| |
have dealt with him if he had committed contempt in relation to the High |
| |
| |
Reports of investigations |
| |
16 | Reports of investigations |
| 10 |
(1) | The Ombudsman must, after conducting an investigation into a complaint in |
| |
respect of a listed authority— |
| |
(a) | prepare a report on his findings, and |
| |
(b) | send a copy of the report to all the appropriate persons. |
| |
| This is subject to section 21. |
| 15 |
(2) | The appropriate persons are— |
| |
(a) | the person who made the complaint; |
| |
(b) | the listed authority; |
| |
(c) | any other person who is alleged in the complaint to have taken or |
| |
authorised the action complained of; |
| 20 |
(d) | if the listed authority is a family health service provider in Wales— |
| |
(i) | any Local Health Board with whom the authority had, at the |
| |
time of the action which is the subject of the complaint, entered |
| |
into a contract to provide the family health services which are |
| |
| 25 |
(ii) | any person to whom the authority had, at that time, undertaken |
| |
to provide those services; |
| |
(iii) | any person with whom the authority had, at that time, made |
| |
arrangements for the provision of those services; |
| |
(e) | if the listed authority is an independent provider in Wales— |
| 30 |
(i) | any Welsh health service body with whom the authority had, at |
| |
the time of the action which is the subject of the complaint, |
| |
made arrangements for the provision of the services under |
| |
| |
(ii) | any family health service provider in Wales with whom the |
| 35 |
authority had, at that time, made arrangements for the |
| |
provision of those services; |
| |
(f) | the Assembly First Secretary (unless the listed authority is itself the |
| |
Assembly or is a local authority in Wales). |
| |
(3) | The Ombudsman may send a copy of the report to any other persons he thinks |
| 40 |
| |
(4) | 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. |
| |
|
| |
|
| |
|
(5) | The Ombudsman may supply a copy of a report published under subsection |
| |
(4), or any part of such a report, to any person who requests it. |
| |
(6) | The Ombudsman may charge a reasonable fee for supplying a copy of a report, |
| |
or part of a report, under subsection (5). |
| |
(7) | If a report prepared under this section— |
| 5 |
(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, |
| 10 |
| that information must not be included in a version of the report sent to a person |
| |
under subsection (1)(b) or (3) or published under subsection (4), subject to |
| |
| |
(8) | Subsection (7) 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 |
| 15 |
he thinks appropriate, the Ombudsman considers it to be in the public interest |
| |
to include that information in that version of the report. |
| |
(9) | If the Ombudsman would otherwise send a copy of a report (or part of a report) |
| |
to the Assembly under subsection (1)(b), (3) or (5), he must send the copy to the |
| |
Assembly First Secretary instead. |
| 20 |
| |
(1) | If an investigation is conducted in respect of a listed authority and the |
| |
authority receives a copy of a report under section 16(1)(b), the authority must |
| |
make copies of that version of the report available for a period of at least three |
| |
| 25 |
(a) | at one or more of the authority’s offices, and |
| |
(b) | if the authority has a website, on the website. |
| |
(2) | Throughout that period of three weeks, any person may— |
| |
(a) | inspect the copy of the report at the office or offices concerned at any |
| |
reasonable time without payment; |
| 30 |
(b) | make a copy of the report or any part of it at any reasonable time |
| |
| |
(c) | require the authority to supply him with a copy of the report or any |
| |
part of it, on payment of a reasonable sum if requested; |
| |
(d) | if the authority has a website, view the copy of the report on the website |
| 35 |
| |
(3) | Not later than two weeks after the copy of the report is received by the listed |
| |
authority it must ensure that a notice is published in a newspaper circulating |
| |
in the part of Wales in which the matter which is the subject of the report arose. |
| |
(4) | The notice must specify— |
| 40 |
(a) | the date on which the period of three weeks referred to in subsection (1) |
| |
| |
(b) | the office or offices at which a copy of the report can be inspected, and |
| |
(c) | the address of the authority’s website (if any). |
| |
(5) | The Ombudsman may give directions to listed authorities with regard to the |
| 45 |
discharge of their functions under this section. |
| |
|
| |
|
| |
|
(6) | Directions under subsection (5) may relate— |
| |
(a) | to a particular listed authority in respect of a particular report, or |
| |
(b) | generally to the discharge of functions under this section by all or any |
| |
| |
(7) | A person commits an offence if— |
| 5 |
(a) | he wilfully obstructs a person in the exercise of a right conferred by |
| |
subsection (2)(a), (b) or (d), or |
| |
(b) | he refuses to comply with a requirement under subsection (2)(c). |
| |
(8) | A person guilty of an offence under subsection (7) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| 10 |
(9) | The Ombudsman may direct that subsections (1) to (4) are not to apply in |
| |
relation to a particular report. |
| |
(10) | In deciding whether to give a direction under subsection (9), the Ombudsman |
| |
| |
| 15 |
(b) | the interests of the person aggrieved, and |
| |
(c) | the interests of any other persons he thinks appropriate. |
| |
18 | Publicising reports: health care providers |
| |
(1) | If an investigation is conducted in respect of a listed authority which is a family |
| |
health service provider in Wales, section 17 has effect with the modifications |
| 20 |
specified in subsections (2) to (4). |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | A person who has received a copy of a report under section 16 by virtue |
| |
of section 16(2)(d) must make copies of the report available for a period |
| |
| 25 |
(a) | at one or more of the person’s offices, and |
| |
(b) | if the person has a website, on the website.” |
| |
(3) | The references to the listed authority are to be taken to be references to that |
| |
| |
(4) | The references to listed authorities, or to a particular listed authority, are to be |
| 30 |
taken to be references to persons, or a particular person, of the same |
| |
description as that person. |
| |
(5) | If an investigation is conducted in respect of a listed authority which is an |
| |
independent provider in Wales, section 17 has effect with the modifications |
| |
specified in subsections (6) to (8). |
| 35 |
(6) | For subsection (1) substitute— |
| |
“(1) | A person who has received a copy of a report under section 16 by virtue |
| |
of section 16(2)(e) must make copies of the report available for a period |
| |
| |
(a) | at one or more of the person’s offices, and |
| 40 |
(b) | if the person has a website, on the website.” |
| |
(7) | The references to the listed authority are to be taken to be references to that |
| |
| |
|
| |
|
| |
|
(8) | The references to listed authorities, or to a particular listed authority, are to be |
| |
taken to be references to persons, or a particular person, of the same |
| |
description as that person. |
| |
19 | Action following receipt of a report |
| |
(1) | This section applies if, in a report under section 16 of an investigation in respect |
| 5 |
of a listed authority, the Ombudsman concludes that the person aggrieved has |
| |
sustained injustice or hardship in consequence of the matter investigated. |
| |
(2) | The listed authority must consider the report and notify the Ombudsman |
| |
before the end of the permitted period of— |
| |
(a) | the action it has taken or proposes to take in response to it, and |
| 10 |
(b) | the period before the end of which it proposes to have taken that action |
| |
(if it has not already done so). |
| |
(3) | The permitted period is— |
| |
(a) | the period of one month beginning on the date on which the authority |
| |
| 15 |
(b) | any longer period specified by the Ombudsman in writing. |
| |
20 | Non-action following receipt of a report |
| |
(1) | If the Ombudsman is satisfied that the condition in subsection (2) is met in |
| |
relation to a listed authority, he may issue a certificate to that effect to the High |
| |
| 20 |
(2) | The condition is that the listed authority has wilfully disregarded his report |
| |
| |
21 | Reports: alternative procedure |
| |
(1) | This section applies if, after the Ombudsman has conducted an investigation |
| |
into a complaint in respect of a listed authority— |
| 25 |
(a) | he concludes that the person aggrieved has not sustained injustice or |
| |
hardship in consequence of the matter investigated, and |
| |
(b) | he is satisfied that the public interest does not require sections 16 to 19 |
| |
| |
(2) | This section also applies if, after the Ombudsman has conducted an |
| 30 |
investigation into a complaint in respect of a listed authority— |
| |
(a) | he concludes that the person aggrieved has sustained injustice or |
| |
hardship in consequence of the matter investigated, |
| |
(b) | the listed authority agrees to implement, before the end of the |
| |
permitted period, any recommendations he makes, and |
| 35 |
(c) | he is satisfied that the public interest does not require sections 16 to 19 |
| |
| |
(3) | The permitted period is— |
| |
(a) | a period agreed between the Ombudsman, the listed authority and the |
| |
person who made the complaint, or |
| 40 |
(b) | if the Ombudsman thinks that no such agreement can be reached, the |
| |
period specified by him in writing. |
| |
|
| |
|
| |
|
(4) | The Ombudsman may decide to prepare a report on his findings under this |
| |
section instead of under section 16. |
| |
(5) | If the Ombudsman decides to prepare a report under this section— |
| |
(a) | sections 16 to 19 do not apply; |
| |
(b) | he must send a copy of the report to— |
| 5 |
(i) | the person who made the complaint; |
| |
(ii) | the listed authority; |
| |
(c) | he may send a copy of the report to any other persons he thinks |
| |
| |
(6) | The Ombudsman may publish a report prepared under this section if, after |
| 10 |
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, |
| 15 |
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 |
| 20 |
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 |
| |
| 25 |
(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) |
| 30 |
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”) |
| 35 |
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 |
| 40 |
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 |
| |
| |
|
| |
|
| |
|
(ii) | the period before the end of which it proposes to have taken that |
| |
| |
(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 |
| |
| 5 |
(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 |
| 10 |
| |
(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 |
| 15 |
(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 |
| |
| |
(b) | in resolving the complaint, the Ombudsman has concluded that the |
| 20 |
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 |
| 25 |
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— |
| 30 |
(a) | set out the facts on the basis of which subsection (2), (4) or (6) applies, |
| |
| |
(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 |
| 35 |
(ii) | to prevent similar injustice or hardship being caused in the |
| |
| |
(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 |
| 40 |
| |
(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 |
| |
| 45 |
|
| |
|