Select Committee on Welsh Affairs Written Evidence


10.  Written evidence from the Commission for Local Administration in England

GENERAL

  I welcome the several aspects of the Bill which are clearly designed to modernise in a number of ways provisions that were previously contained in the Local Government Act 1974—the legislation which still governs our procedures and jurisdiction. For example, the Bill opens the door to alternative ways of resolving complaints other than by way of investigation, provides alternative processes for reporting on investigations and widens the Ombudsman's powers of delegation.

  All of these—and others—are useful measures. We are also seeking to modernise some aspects of the 1974 legislation in conjunction with the Parliamentary and Health Services Ombudsman, with the main object of permitting closer working between us. The current intention is that this will be achieved through a Regulatory Reform Order, the terms of which are still in preparation.

  But given the need for brevity, and the advanced progress of this Bill, the comments which we set out below concentrate on two areas where I consider there is a case for further improvement of the Bill's provisions.

1.  TRANSFER OF CASES BETWEEN THE LOCAL COMMISSIONERS IN ENGLAND AND THE PUBLIC SERVICES OMBUDSMAN FOR WALES

  Section 23(10) of the Local Government Act 1974 currently provides:

    "Each of the Commissions—

    (a)  shall make arrangements for Local Commissioners to accept cases for which they are not responsible including, where the other Commission so request, a case arising in the country of that other Commission, and

    (b)  shall publish information about the procedures for making complaints under this Part of this Act."

  Under these provisions, there have been well-established arrangements for the English Local Government Ombudsmen to transfer individual cases for investigation to the Welsh Local Government Ombudsman (and vice versa) without restriction as to the country in which the complaint arose. These provisions have been used principally where an ombudsman (in England or Wales) was presented with a conflict of interest in conducting an investigation. The ability of the ombudsman in the other country to investigate in such cases enhanced the public perception of the independence of the ombudsman institutions in both countries.

  In 2004 both the English and Welsh Commissions were given jurisdiction over internal drainage boards. In a small number of cases the area of the board is partly in Wales and partly in England. In these cases, it was agreed between the English and Welsh ombudsmen that complaints would be dealt with on the basis of the geographical location of the particular problem. Section 23(10) confers the legal power for the English Local Government Ombudsmen to transfer such complaints received by them to the Welsh Ombudsman.

  My understanding is that it has been the intention of the Welsh Ombudsman and ourselves that these arrangements for the transfer of cases between the institutions should continue. In January 2004, I wrote to the relevant official in the Welsh Assembly Government in response to the consultation on the proposal for the Welsh Administration Ombudsman to undertake investigations as Commissioner for Local Administration in Wales. In doing so, I expressed my support for the continuation of the reciprocal arrangements for transferring cases.

  But my understanding of Schedule 6 to the Bill paragraph 8(8) is that the words appearing in italics in my above citation of section 23(10) will be repealed. This will have the effect of removing the powers of the English Local Government Ombudsmen to transfer cases received by them, even if the Welsh Public Services Ombudsman may be able to use his new powers in the Bill eg on delegation to any other person. (The powers of delegation by Ombudsmen under the 1974 Act are limited to "officers" of the English Commission.)

  In addition paragraph 11(3) of Schedule 6 to the Bill inserts a completely new provision in the 1974 Act to the effect that an English Local Government Ombudsman:

    ". . . shall not conduct an investigation under this Part of this Act in respect of any action taken in connection with the discharge by an authority of any of the authority's functions otherwise than in relation to England."

  This provision would also prevent the transfer of individual investigations between England and Wales as currently permitted by the 1974 Act.

  I would request the powers of the English Local Government Ombudsmen to make arrangements to transfer cases to the Public Service Ombudsman for Wales be restored.

2.  CONSULTATION AND CO -OPERATION BETWEEN OMBUDSMEN—CLAUSE 24 OF THE BILL

  I welcome the provisions of this Clause, as far as they go. The Clause places the Public Services Ombudsman for Wales under a duty to consult with the Local Government Ombudsmen (or certain other specified statutory ombudsmen or commissioners) where he considers that the subject of the complaint or investigation could be the subject of an investigation by us (or one of the other specified ombudsmen). The extent of the duty to consult and cooperate imposed on the Public Services Ombudsman for Wales is comprehensive and powers are conferred on him and the appropriate "other" ombudsman to conduct a joint investigation and prepare and publish a joint report.

  However, Clause 24 will only be triggered where the Public Services Ombudsman for Wales identifies a cross-boundary issue following a complaint to him. Similar powers are not conferred on the Local Government Ombudsmen in connection with complaints received by them (or the other specified ombudsmen). This would seem to be a missed opportunity to ensure that these powers are two-way. If they are appropriate for complaints received in Wales, the question must be asked why not for complaints received by comparable institutions outside Wales?

  We are seeking to address these issues in conjunction with the Parliamentary and Health Services Ombudsman through the proposed Regulatory Reform Order which I have previously mentioned. But it is a wider issue and I can see no objection to amending this Clause so that the duty to consult and cooperate, including powers of sharing information and joint investigation, are made truly reciprocal across a broad spectrum of ombudsman institutions.

CONCLUSION

  In summary, I ask that the provisions of the Bill be amended as appropriate so that:

    (a)  the English Local Government Ombudsmen and the Public Services Ombudsman for Wales retain explicit powers to transfer cases between them comparable to those enjoyed for many years under current legislation; and

    (b)  the powers of consultation and cooperation be made reciprocal so that they do not only apply where the Public Services Ombudsman for Wales receives a complaint which he considers to contain a cross-boundary issue.

  I hope these comments are helpful. If you require any further clarification please do not hesitate to contact me.

  I am sending a copy of this letter to Adam Peat, Welsh Administration Ombudsman, Jerry White and Patricia Thomas, Local Government Ombudsmen, Ann Abraham, Parliamentary and Health Services Ombudsman and also to Virginia Hawkins (National Assembly for Wales).

Tony Redmond

Chairman

7 January 2005


 
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