WLGA Response to the "Time for Change"
consultation—January 2003
Annex 1
WAG CONSULTATION QUESTIONS
SET QUESTIONS
A
(i) Do you agree that people in Wales are
likely to be better served in the future if a single Ombudsman
office is established, with powers to investigate complaints about
public bodies in Wales?
RESPONSE
There are persuasive arguments that a single
Ombudsman's body would better reflect the complexity of public
service delivery in Wales and ensure that the public are better
served by the office. However, it is clear that this should not
be at the expense of a loss of expertise on the individual areas
covered within the Office's responsibility. Therefore the Association
welcomes the move to establish Deputies with lead responsibilities
in these areas.
(ii) What should be the title of this appointment;
might it, for example, be the Public Services Ombudsman for Wales,
or can you suggest a better name?
RESPONSE
This title seems appropriate, the Scottish version
is now called the Scottish Public Service Ombudsman.
(iii) Should provision be made in the legislation
creating the new office for the appointment of one or more deputies?
RESPONSE
This is important to maintain a clear area of
expertise and understanding within the Ombudsman service in the
areas covered. Whilst expert advice is often sought to aid the
office it is essential that the Ombudsman's office has the understanding
to interpret that advice properly. In terms of local government
investigations most of the initial investigative burden falls
upon the authority itself. Whilst this will always be the case
it is clear that the Ombudsman's office must be more supportive
of this role in offering advice and guidance.
(iv) If you do not agree with the proposal
for a single Ombudsman's office, what alternative structure for
the organisation of Ombudsman services in Wales would you suggest
in the future?
RESPONSE
On the balance of the arguments expressed in
the consultation document it seems sensible to create the single
office.
SET QUESTION
B
If a new single Ombudsman's office is established,
should appointments of individuals be made for fixed terms with
(or without?) the prospect of reappointment, or should the present
practice of appointment normally to age 65 be retained?
RESPONSE
It seems appropriate that given the necessity
to develop expertise on the relevant portfolio's that appointments
should continue to done on the permanent basis. This of course
is subject to the need for accountability and should be periodically
reviewed.
SET QUESTION
C
Given that the National Assembly would provide
the resources for any new single Ombudsman's office for Wales,
what funding arrangements should be put in place via legislation
that would effectively secure the independence of that office?
Should the arrangements currently operating in respect of the
WAO and the HSCW, described in para 21-23, be carried over and
applied when the new office is established, or should there be
new arrangements (and if so, what should they be?)
RESPONSE
This is the key issue and there should be no
suggestion of any compromise in terms of the Ombudsman independence
as currently practised. The current funding arrangements ensure
the independence of the Ombudsman but as in all areas of public
life this arrangement and its effectiveness such be subject to
periodic review and consultation. It is the view of the Association
that the Ombudsman should regularly report to the Partnership
council and the Co-ordinating Committee to ensure awareness of
local government concerns and issues particularly in relation
to the Members Code of Conduct.
It is evident that considerable officer and
Member time is expended by Local Government in undertaking the
initial investigative work for the Ombudsman and perhaps consideration
needs to be given to how this issue is addressed to prevent a
perverse outcome where authorities with a smaller capacity to
undertake this work are penalised further. Authorities have also
questioned in the past the relationship of the Ombudsman to police
investigations which can be on relatively small matters but incur
disproportionate costs for the local authority.
SET QUESTION
D
Should staff employed by the new Ombudsman
be civil servants as those serving the WAO/HSCW are now, or should
they be outside the civil service as are those serving CLAW?
RESPONSE
The key issue here is to ensure proper accountability
whilst guaranteeing the independence of the work of the Ombudsman's
office. Whilst it may be of benefit to allow the flow of staff,
and therefore expertise between the main body of civil servants
and the Ombudsman's office this practice may give the perception
of damaging its independence. Therefore the Association feels
that a separation of the service is the most appropriate model.
SET QUESTION
E
(i) Would it be appropriate, or worthwhile,
to provide in legislation for the establishment of an advisory
board to support the Ombudsman in his or her work.
RESPONSE
The Association welcomes this development especially
in terms of involving service users/providers to provide a reality
check on experience of receiving and providing services.
(ii) What functions might the Board perform,
what sort of people should be Members of it, and who would appoint
them?
RESPONSE
The Board's role should be to act as a sounding
board for the Office, ensuring the necessary reality checks on
its work and to inform the development of its corporate and operational
planning processes.
The Board should be drawn from a diverse cross
section of society and be recruited in an open and transparent
manner in line with guidance from the Nolan/Wicks commission.
SET QUESTION
F
(i) Do you agree that the new Ombudsman should
be required to produce Annual Reports and that these should be
laid before the National Assembly?
RESPONSE
The Association welcomes this level of accountability
but in addition believes that both the Partnership Council and
the Co-ordinating Committee should also receive reports on issues
of importance to Governance in the broadest sense.
(ii) What statutory arrangements, if any,
might be made to enable Welsh local authorities collectively to
consider such reports?
Again this matter should fall within the remit
of the Partnership council.
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