Public Services Ombudsman for Wales

What does the Public Services Ombudsman for Wales do?

The Public Services Ombudsman for Wales investigates complaints that Welsh public services have got something wrong and that this has caused injustice or hardship.

Its jurisdiction includes Welsh health boards, NHS trusts and a range of other organisations involved in NHS services.

When does the Ombudsman become relevant to an NHS complaint?

The NHS organisation involved is normally given the first opportunity to investigate and respond to the concern through the NHS complaints process.

If the person remains dissatisfied after that process, the Ombudsman may be able to consider the complaint.

What kinds of NHS issues can the Ombudsman consider?

The Ombudsman can consider complaints about care and treatment provided by, or paid for by, the NHS in Wales. This can include complaints about clinical treatment as well as administrative or service failures.

Its remit can include Welsh health boards and trusts, GPs, dentists and other bodies within its statutory jurisdiction.

What can’t the Ombudsman do?

The Ombudsman does not:

• take over someone’s ongoing medical treatment;
• provide a medical second opinion;
• act as a court deciding a clinical negligence claim;
• discipline an individual healthcare professional simply because a complaint has been made; or
• re-investigate every disagreement with a clinical decision.

Can the Ombudsman recommend financial redress?

Yes, in some cases. Where the Ombudsman finds that a public body got something wrong and this caused injustice, its recommendations can include an apology, practical action, service improvements or financial redress.

The Ombudsman is not a court assessing damages for a clinical negligence claim. Its own guidance says that if someone is mainly seeking significant financial compensation or another remedy ordinarily available through the courts, it may decide that legal proceedings are the more appropriate route.

Is there a time limit?

The Ombudsman normally looks at complaints made within one year of the matter complained about, or within one year of the person becoming aware of it.

There are additional rules where the events are older but the complaint was raised with the NHS within the appropriate period. The Ombudsman currently explains that, in that situation, a complaint to its office should normally be made within 12 weeks of the NHS response.

How does the Ombudsman interact with NHS redress?

This distinction is particularly important in Wales because Listening to People can include consideration of NHS redress.

The Ombudsman’s published guidance warns that once it has started investigating a complaint, it cannot simply refer that complaint back into the Listening to People process for redress consideration.

What happens if the Ombudsman finds something went wrong?

Where an investigation identifies fault or unfairness, the Ombudsman can make recommendations aimed at putting matters right and improving the relevant public service.

An Ombudsman investigation therefore has a different purpose from civil litigation. It focuses on public-service accountability and remedy within the Ombudsman’s powers rather than deciding damages under a clinical negligence action.

Can Llais help with an Ombudsman complaint?

Llais provides independent complaints advocacy and can help people understand the health complaints process. It may also help someone identify the appropriate route or another organisation that can assist.

Llais and the Ombudsman remain separate organisations: one provides advocacy; the other has statutory investigation powers.