Public Services Ombudsman for Wales
Encyclopedia
The Public Services Ombudsman for Wales (in Welsh
Ombwdsmon Gwasanaethau Cyhoeddus Cymru) was established by section 1(1) of the Public Services Ombudsman (Wales) Act 2005
. The Public Services Ombudsman for Wales brings together the jurisdictions of various offices he replaced, namely the Local Government Ombudsman for Wales, the Health Service Ombudsman for Wales, the Welsh Administration Ombudsman and the Social Housing Ombudsman for Wales.
The Ombudsman has a dual role. Firstly, under Part 2 of the Act, he investigates complaints by members of the public concerning maladministration, failure in a relevant service or failure to provide a relevant service by any "listed authority" in Wales. Secondly, under Part 3 of the Act, he is responsible for policing ethical standards in local authorities.
The Ombudsman is appointed by the Queen. The current Ombudsman is Peter Tyndall who was appointed in April 2008http://www.assemblywales.org/newhome/new-news-third-assembly.htm?act=dis&id=78496&ds=3/2008.
The Ombudsman has issued statutory guidance known as Principles of Good Administration. Each local authority must adopt a Code of Conduct based on those principles, which covers members and employees. Local authorities are expected to handle complaints themselves, with the office of the Ombudsman maintaining an overview of investigations in to allegations that members' conduct may have fallen short of the required standards.
The Ombudsman has power to investigate any complaint referred to him. If he concludes that there is evidence which warrants doing so, he will send a formal report either to the authority’s standards committee or to the Adjudication Panel for Wales. It will be for the authority or the Panel to decide if the code of conduct has been broken and if so, what penalty to impose on the member concerned. The maximum penalty the Panel may impose is five years’ disqualification from office.
Those who are subject to such supervision are the following types of authority in Wales
and the members of any of them:
Welsh language
Welsh is a member of the Brythonic branch of the Celtic languages spoken natively in Wales, by some along the Welsh border in England, and in Y Wladfa...
Ombwdsmon Gwasanaethau Cyhoeddus Cymru) was established by section 1(1) of the Public Services Ombudsman (Wales) Act 2005
Public Services Ombudsman (Wales) Act 2005
The Public Services Ombudsman Act 2005 is an Act of the Parliament of the United Kingdom. It creates the office of Public Services Ombudsman for Wales.-Section 40 - Commencement: The Public Services Ombudsman (Wales) Act 2005 (c 10) is an Act of the Parliament of the United Kingdom. It creates...
. The Public Services Ombudsman for Wales brings together the jurisdictions of various offices he replaced, namely the Local Government Ombudsman for Wales, the Health Service Ombudsman for Wales, the Welsh Administration Ombudsman and the Social Housing Ombudsman for Wales.
The Ombudsman has a dual role. Firstly, under Part 2 of the Act, he investigates complaints by members of the public concerning maladministration, failure in a relevant service or failure to provide a relevant service by any "listed authority" in Wales. Secondly, under Part 3 of the Act, he is responsible for policing ethical standards in local authorities.
The Ombudsman is appointed by the Queen. The current Ombudsman is Peter Tyndall who was appointed in April 2008http://www.assemblywales.org/newhome/new-news-third-assembly.htm?act=dis&id=78496&ds=3/2008.
Maladministration and Failure of Service
The "listed authorities" subject to the Ombudsman's supervision in regard to maladministration or failure of service are:- The Welsh Assembly
- Local authorities
- Fire authorities
- Police authoritiesPolice authorityA police authority in the United Kingdom, is a body charged with securing efficient and effective policing of a police area served by a territorial police force or the area and/or activity policed by a special police force...
- Joint boards of all local authorities in Wales
- National park authorities
- The Countryside Council for WalesCountryside Council for WalesThe Countryside Council for Wales is an Assembly Government Sponsored Body. It is the Welsh Assembly Government's wildlife conservation authority for Wales...
- The Environment AgencyEnvironment AgencyThe Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:...
- The Forestry CommissionForestry CommissionThe Forestry Commission is a non-ministerial government department responsible for forestry in Great Britain. Its mission is to protect and expand Britain's forests and woodlands and increase their value to society and the environment....
ers - Regional flood defence committees
- Internal drainage boards
- The Care Council for Wales
- Local Health Boards
- NHS trustNHS TrustA National Health Service trust provides services on behalf of the National Health Service in England and NHS Wales.The trusts are not trusts in the legal sense but are in effect public sector corporations. Each trust is headed by a board consisting of executive and non-executive directors, and is...
s and Special Health Authorities - The Wales Centre for HealthWales Centre for HealthWales Centre for Health is a statutory organisation established on 1 April 2005, under the Health Act 2003, as a Welsh Assembly Sponsored Public Body. It has a broad remit for working with other organisations to help improve health in Wales....
- Community Health CouncilCommunity Health CouncilCommunity Health Councils were established in 1974 to provide a voice for patients and the public in the National Health Service in England and Wales.They were abolished in 2003 in England as part of the NHS Plan announced in July 2000...
s - Various other listed health providers
- Social landlords
- The National Council for Education and Training for Wales
- The Office of Her Majesty’s Chief Inspector of Education and Training in Wales
- The Higher Education Funding Council for WalesHigher Education Funding Council for WalesThe Higher Education Funding Council for Wales is an Assembly Government Sponsored Body, and anintermediary body between the Welsh Assembly Government and the higher education sector in Wales.- HEFCW business :...
- State school governing bodies in relation to the admission of pupils (and admission and exclusion appeal panels)
- The Arts Council of WalesArts Council of WalesThe Arts Council of Wales is a Welsh Government sponsored body, responsible for funding and developing the arts in Wales.Established by Royal Charter in 1946, as the Welsh Arts Council , when it merged with the three Welsh regional arts associations...
- The Sport Wales
- The Wales Tourist Board
- The Welsh Development AgencyWelsh Development AgencyThe Welsh Development Agency was a QUANGO and later an Assembly Sponsored Public Body established in 1976 to encourage business development and investment in Wales, to clear derelict land and to encourage growth of local businesses...
- The Welsh Language BoardWelsh Language BoardThe Welsh Language Board is a statutory body set up by the UK Government as part of the Welsh Language Act 1993. It is now an Assembly Sponsored Public Body...
Ethical Standards and Codes of Conduct
Part of the Ombudsman's role is to investigates complaints that members of local government bodies have behaved wrongly.The Ombudsman has issued statutory guidance known as Principles of Good Administration. Each local authority must adopt a Code of Conduct based on those principles, which covers members and employees. Local authorities are expected to handle complaints themselves, with the office of the Ombudsman maintaining an overview of investigations in to allegations that members' conduct may have fallen short of the required standards.
The Ombudsman has power to investigate any complaint referred to him. If he concludes that there is evidence which warrants doing so, he will send a formal report either to the authority’s standards committee or to the Adjudication Panel for Wales. It will be for the authority or the Panel to decide if the code of conduct has been broken and if so, what penalty to impose on the member concerned. The maximum penalty the Panel may impose is five years’ disqualification from office.
Those who are subject to such supervision are the following types of authority in Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and the members of any of them:
- Community councilCommunity councilA community council is a public representative body in Great Britain.In England they may be statutory parish councils by another name, under the Local Government and Public Involvement in Health Act 2007, or they may be non-statutory bodies...
- County or County Borough Council
- Fire authority
- Police authorityPolice authorityA police authority in the United Kingdom, is a body charged with securing efficient and effective policing of a police area served by a territorial police force or the area and/or activity policed by a special police force...
- National park authority
See also
- Standards Board for EnglandStandards Board for EnglandStandards for England, formerly known as the Standards Board for England, is a non-departmental public body sponsored by the Department for Communities and Local Government. Established following the Local Government Act 2000, it is responsible for promoting high ethical standards in local democracy...
- Adjudication Panel for EnglandAdjudication Panel for EnglandThe Adjudication Panel for England was an independent judicial tribunal set up under the Local Government Act 2000. It was a Non-departmental public body which ruled on complaints referred to it by the Standards Board for England regarding alleged breaches of English local authorities' codes of...
- Northern Ireland OmbudsmanNorthern Ireland OmbudsmanThe Northern Ireland Ombudsman combines two official offices, the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints....
- Standards Commission for ScotlandStandards Commission for ScotlandThe Standards Commission for Scotland was established under the Ethical Standards in Public Life etc. Act 2000. The Commission's purpose is to advance high ethical standards in public life...
- Ethical Standards in Public Life etc. (Scotland) Act 2000Ethical Standards in Public Life etc. (Scotland) Act 2000The Ethical Standards in Public Life etc. Act 2000 is an Act of the Scottish Parliament which established that the Scottish Ministers had to issue a code of conduct for councillors, and put in place mechanisms for dealing with councillors in contravention of the code...