This article is part of a series within the Politics of the United Kingdom on the |
Politics of Wales |
---|
The Public Services Ombudsman for Wales (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 the above 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 the Local Government Act 2000, he is responsible for policing ethical standards in local authorities.
The Ombudsman is appointed by the Monarch. The current Ombudsman is Nick Bennett who was appointed in August 2014. [1]
The "listed authorities" subject to the Ombudsman's supervision in regard to maladministration or failure of service are:
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 Guidance for members of county and county borough councils, fire and rescue authorities and national park authorities, [2] and Guidance from the Public Services Ombudsman for Wales for members of community councils. [3] [4] Each local authority must adopt a Code of Conduct.
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. [5] 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:
The Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications. It was introduced by the Tony Blair Labour government ostensibly to take account of technological change such as the growth of the Internet and strong encryption.
The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly.
Local government in Wales is primarily undertaken by the twenty-two principal councils. The councils are unitary authorities, meaning they are responsible for providing local government services within their principal area, including education, social work, environmental protection, and most highway maintenance. The principal areas are divided into communities, most of which have an elected community council. The services provided by community councils vary, but they will typically maintain public spaces and facilities. Local councils in Wales are elected; the most recent local elections in Wales took place in 2022, and the next are due to take place in 2027.
The Standards Board for England was a non-departmental public body sponsored by the Department for Communities and Local Government. Established under the Local Government Act 2000, it was responsible for promoting high ethical standards in local government. It oversaw the nationally imposed Code of Conduct, which covered elected and co-opted members across a range of local authorities. The board maintained an independent national overview of local investigations into allegations that members' conduct might have fallen short of the required standards. In certain cases the board itself investigated allegations. It could not impose sanctions on members, but if it considered that further action might be necessary, it referred cases to the Adjudication Panel for England or to the relevant authority's own standards committee for determination. Standards committees could suspend members for up to six months. The Adjudication Panel could disqualify members for up to five years. The Standards Board for England also provided advice, and produced formal guidance, to members and officers on the Code of Conduct.
The Parliamentary and Health Service Ombudsman (PHSO) comprises the offices of the Parliamentary Commissioner for Administration (PCA) and the Health Service Commissioner for England (HSC). The Ombudsman is responsible for considering complaints by the public that UK Government departments, public authorities and the National Health Service in England have not acted properly or fairly or have provided a poor service.
The Local Government and Social Care Ombudsman (LGSCO), legally the Commission for Local Administration in England and formerly known as the Local Government Ombudsman (LGO), investigates complaints from members of the public about councils and some other some other authorities and organisations providing public services in England. It also investigates complaints about registered adult social care providers. It is the last stage of the complaints process, for people who have given the council or provider opportunity to resolve the issue first. It is a free service. Similar duties are carried out by the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman. The current (interim) Local Government and Social Care Ombudsman is Paul Najsarek, whose appointment commenced on 1 April 2023.
The Local Government Act 2000 (c.22) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are:
The Office of Ombudsman is a Hong Kong statutory authority, established on 1 March 1989, charged with ensuring that Hong Kong is served by a fair and efficient public administration that is committed to accountability, openness and quality of services. It operates mainly by investigating and giving recommendations to government departments.
The Pensions Ombudsman is the official ombudsman institution responsible for investigating complaints regarding pensions in the United Kingdom. The Pensions Ombudsman is a non-departmental public body stewarded by the Department for Work and Pensions, and the Ombudsman and Deputy Ombudsman are appointed by the Secretary of State for Work and Pensions. The Ombudsman is an independent commissioner; he and his staff are not civil servants. His brief is to resolve disputes of fact or law and to investigate claims of maladministration. Unusually for UK Ombudsmen, the Pensions Ombudsman's determinations are binding on the parties and enforceable in the County Court. There is a right of appeal to the High Court on a point of law. In England the High Court's permission has to be obtained for an appeal.
The Scottish Public Services Ombudsman (SPSO) is the organisation that handles complaints about public services in Scotland. The Ombudsman service is independent of government and with a duty to act impartially.
A Welsh Government sponsored body (WGSB) is a non-departmental public body directly funded by the Welsh Government. Under the Government of Wales Act 1998 the bodies were sponsored by the National Assembly for Wales and were known as an Assembly sponsored public body, and this was changed by the Schedule 3 of the Wales Act 2017 which amended the Government of Wales Act 2006.
The Standards Commission for Scotland is an independent body that has the purpose of advancing high ethical standards in public life. Its main tool is the promotion and enforcement of Codes of Conduct for councillors and those appointed to devolved public bodies.
Ann Abraham is a public servant who was the Parliamentary Commissioner for Administration and Health Service Commissioner for England between 2002 and 2011.
Sir Idwal Vaughan Pugh KCB was a civil servant who was Permanent Secretary at the Welsh Office and distinguished himself as Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales.
Sir William Kennedy Reid KCB is a retired civil servant who was Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales between 1990 and 1996.
The Parliamentary Commissioner Act 1967 is an act of the Parliament of the United Kingdom.
The National Health Service Reorganisation Act 1973 is an Act of the Parliament of the United Kingdom. The purpose of the act was to reorganise the National Health Service in England and Wales. Separate legislation was passed a year earlier for Scotland. This was the first time the NHS had been reorganised in the UK since it was established in 1948. The next major reorganisations would be the Health Services Act 1980 and the Health Authorities Act 1995 which repealed the 1973 Act.
The Health Service Commissioners Act 1993 is an Act of the Parliament of the United Kingdom.
The Well-being of Future Generations (Wales) Act 2015 is an Act of the National Assembly for Wales that was given royal assent on 29 April 2015; it came into force in April 2016. It set out seven well-being goals: i) a prosperous Wales, ii) a resilient Wales, iii) a healthier Wales, iv) a more equal Wales, v) a Wales of cohesive communities, vi) a Wales of vibrant culture and thriving Welsh language and vii) a globally responsible Wales. A 'sustainable development principle' comprising five aspects is intended to assist in the delivery of the Act's goals and actions; i) long-term thinking, ii) prevention, iii) integration, iv) collaboration and v) involvement.