The Ombudsmen’s remit, jurisdiction and powers
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The Public Services Ombudsman (Wales) Act 2005 came into effect on 1 April 2006. One of the roles of the Public Services Ombudsman for Wales is to investigate complaints against the NHS in Wales. Under the terms of the Public Services Ombudsman (Wales) Act 2005, the Public Services Ombudsman for Wales may investigate matters related to alleged maladministration, failure in a relevant service provided by an authority, or alleged failure to provide a service.
Section 25 of the Public Services Ombudsman (Wales) Act 2005 allows the Public Services Ombudsman for Wales to carry out joint investigations with certain other Ombudsmen (including the Health Service Ombudsman for England).
By virtue of the Health Service Commissioners Act 1993, the Health Service Ombudsman for England is empowered to investigate complaints against the NHS in England. She may investigate complaints of maladministration or of failure in, or to provide, a service, against NHS bodies, and others such as family health service providers and independent individuals or bodies providing a service on behalf of the NHS.
Section 17 of the Health Service Commissioners Act 1993 allows the Health Service Ombudsman for England to consult with other Ombudsmen (including the Public Services Ombudsman for Wales) about the investigation of a complaint, where relevant, and under paragraph 12 of Schedule 1 to that Act she may delegate any of her functions to the staff of the Public Services Ombudsman for Wales.
