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An Act to establish and make provision about the office of Public Services Ombudsman for Wales; to make provision about the functions of the Public Services Ombudsman for Wales; to make provision about compensation; to abolish the Commission for Local Administration in Wales and the offices of Welsh Administration Ombudsman, Health Service Commissioner for Wales and Social Housing Ombudsman for Wales. Royal assent, 7th April 2005. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 0105610054)
This report presents proposals by the Law Commission for reforms to make it easier to complain if you suffer poor public services. The public services ombudsmen have wide-ranging powers to investigate complaints against health service providers, housing associations and a host of Government departments and agencies. Complaints are dealt with for free and can result in financial compensation and an apology. But the procedures for making a complaint are often outdated and inconsistent. For example, complaints must usually be submitted in writing and in some cases can be made only through an MP. The proposed reforms will help to keep cases out of court: under current rules the ombudsman should not deal with a complaint after court proceedings have begun, even if the complainant was badly advised to go to court. In future, the Law Commission would like courts to transfer appropriate cases to the ombudsman. The consultation focuses on five statutory ombudsmen: the Parliamentary Commissioner for Administration, Public Services Ombudsman for Wales, and the Local Government, Health Service and Housing Ombudsmen
This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.
The public services ombudsmen provide a vital redress mechanism for aggrieved citizens; they are free for complainants, confidential and swift. This report deals with the five public services ombudsmen operating in England and Wales: (1) The Parliamentary Commissioner; (2) The Local Government Ombudsman; (3) The Health Service Ombudsman; (4) The Public Services Ombudsman for Wales; and (5) The Housing Ombudsman. The overarching aim is to recommend modernisation of the statutes for these ombudsmen: clarifying them where required; reforming them where the Commission thinks this would facilitate the work of the ombudsmen; increasing transparency and accountability where necessary. The Commission could not consider fundamental institutional design, and did not look at the creation of new ombudsmen or the amalgamation of the existing ombudsmen. The subject matter of the ombudsmen's work or the definition of "maladministration" was also not considered. The report is divided in to 5 parts including the recommendation to commission a general review of the role of the public services ombudsmen and their relationship with other institutions for administrative justice, such as judicial review or tribunals; access to the ombudsmen; the ombudsmen process; resolution, report & sharing experience; and independence & accountability
The new edition of this popular Blackstone's Guide to the Freedom of Information Act 2000 provides a comprehensive overview of the Act, combined with comment and analysis on the effect of the legislation, along with a full copy of the Act itself.
As we progress into the twenty-first century, Wales is acquiring a new identity and greater legislative autonomy. The National Assembly and the Welsh Government have power to create laws specifically for Wales. In parallel, the judicial system in Wales is acquiring greater autonomy in its ability to hold the Welsh public bodies to account. This book examines the principles involved in challenging the acts and omissions of Welsh authorities through the Administrative Court in Wales. It also examines the legal provisions behind the Administrative Court, the principles of administrative law, and the procedures involved in conducting a judicial review, as well as other Administrative Court cases. Despite extensive literature on public and administrative law, none are written solely from a Welsh perspective: this book examines the ability of the Welsh people to challenge the acts and omissions of Welsh authorities through the Administrative Court in Wales.
Royal assent, 25th July 2006. An Act to establish and make provision about the office of Commissioner for Older People in Wales; to make provision about the functions of the Commissioner for Older People in Wales. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 0105630063).
The Mental Capacity Act (2005) governs decision-making processes on behalf of adults who are unable to give informed consent, whether they lose mental capacity at some point in their lives due to illness or injury or where the incapacitating condition has been present since birth. Legal Aspects of Mental Capacity will assist practitioners in understanding the basic provisions of the Act and how it applies to their professional responsibilities. It is also intended to be of assistance to the many carers who find themselves in the position of needing to make decisions on behalf of mentally incapacitated relatives and friends. Each chapter sets out the basis provisions, followed by a series of scenarios dealing with practical concerns which are discussed in the light of the new legislation. • A practical guide to the provisions of the Mental Capacity Act 2005 • Easily accessible for those with no legal background • Includes scenarios illustrating different legal points • Explores the background to the legislation, including determination of capacity and the definition of best interests Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, patient services managers and carers working with those who lack the capacity to make their own decisions.
“An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical.” (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 6th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions published since the last edition. Information Rights has been cited by the Supreme Court, Court of Appeal and the Tribunals, and is used by practitioners, judges and all those who practise in the field, including journalists. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions, and statutory guidance. The work is divided into 2 volumes. Volume 1 is a 1,500-page commentary, with a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act. There is detailed coverage of appeal and regulatory procedures. Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance. Contributors: James Findlay KC, Olivia Davies, John Fitzsimons, Richard Hanstock and Dr Christina Lienen (all of Cornerstone Barristers); Antony White KC, Sarah Hannett KC, Sara Mansoori KC and Aidan Wills (all of Matrix Chambers); Aidan Eardley KC and Clara Hamer (both of 5RB); Rupert Bowers KC and Martin Westgate KC (both of Doughty Street Chambers); Henry King KC and Bankim Thanki KC (both of Fountain Court Chambers); James Maurici KC and Jacqueline Lean (both of Landmark Chambers); Gemma White KC (Blackstone Chambers); Oliver Sanders KC (1 Crown Office Row); Saima Hanif KC (3VB); Jennifer Thelen (39 Essex Chambers); and Simon McKay (McKay Law).
This is an indispensable collection of statutory and non-statutory materials relating to charity law in England and Wales. Revised to coincide with the implementation of the Charities Act 2011 – a major consolidation of the charity law - the Handbook is an essential reference source for charity lawyers, in-house lawyers, academics, charities and voluntary organisations and their trustees. Available as three paperback volumes, CD-ROM or both (the mixed media option). Statutes range from the Preamble to Charitable Uses Act 1601 to the Finance Act 2011. It also includes relevant provisions covering data protection, company law, gambling and lotteries, minimum wages, freedom of information, discrimination, tax and VAT, along with a wide range of statutory instruments and the latest SORP. New legislation since the second edition includes: Income Tax Act 2007 Corporation Tax Act 2009 Perpetuities and Accumulations Act 2009 Academies Act 2010 Bribery Act 2010 Corporation Tax Act 2010 Equality Act 2010 Charities Act 2011 Finance Act 2011 This edition is also available on CD-ROM, making more than 2000 pages of legislation and guidance portable and easy to search.