Summary
3.The Act establishes the office of the Public Services Ombudsman for Wales. The offices of the Welsh Administration Ombudsman, the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales are to be abolished. The Commission for Local Administration in Wales (including the office of the Local Commissioner for Wales) is also to be abolished. Broadly speaking, the Act makes provision for the Ombudsman to investigate those matters that currently are investigated by the existing ombudsmen/commissioners in Wales. The Ombudsman will have responsibility for investigating maladministration and service failure by the Assembly; its sponsored public bodies (the equivalent, in Wales, of non-departmental public bodies) and a number of other publicly funded bodies; Welsh health service bodies (primarily NHS Trusts and Local Health Boards in Wales), certain health service providers in Wales, local government bodies in Wales and social landlords in Wales. Thus there will be a unified ombudsman service in Wales.
4.The Act is organised in 3 Parts. Part 1 deals with establishing the office of the Ombudsman and making further provision in relation to that office. Part 2 of the Act deals with the Ombudsman’s powers of investigation, which matters the Ombudsman can investigate and which authorities can be investigated (“listed authorities”). There is power for the Assembly to amend the list of listed authorities. Part 2 also sets out who can complain to the Ombudsman and the manner of complaint. It provides the Ombudsman with powers to obtain information, evidence and documents etc. in relation to the discharge of his functions under Part 2. The Part also deals with matters relating to the Ombudsman’s reports and sets out his powers to consult, co-operate, work and report jointly with other specified ombudsmen and commissioners. In addition there are restrictions imposed on the disclosure of information obtained for the purposes of discharging the Ombudsman’s functions under Part 2. Finally, this Part provides for certain miscellaneous matters such as the Ombudsman’s power to issue guidance, a duty on listed authorities to publicise complaints procedures, protection from defamation claims and additional provision relating to the powers of listed authorities to pay compensation. Part 3 makes provision about the Ombudsman’s functions in relation to the conduct of local government members and employees and for the abolition of the offices of Welsh Administration Ombudsman, Health Service Commissioner for Wales, Social Housing Ombudsman for Wales and for the abolition of the Commission for Local Administration in Wales (including the office of the Local Commissioner for Wales). Finally, this Part makes general provision relating to amendments and repeals, commencement, transitional provision and interpretation etc.