Mike Hedges AM Speech supporting the Ombudsman Bill

Mike Hedges AM  Speech supporting the Ombudsman Bill.

I fully support the proposed ombudsman Bill. I'm pleased that the first recommendation from the Equality, Local Government and Communities Committee is to agree the general principles of the Bill, or this debate would have finished a lot earlier than it's going to. I also agree with Mark Drakeford that all legislation being brought forward can be improved during the legislative process. I think that's something that we all, perhaps, need to think about. Can I also thank Simon Thomas for leading on this Bill throughout this Assembly? I would also like to put on record my thanks to Jocelyn Davies, who chaired the Finance Committee in the last Assembly and produced the basis of this Bill.286

I wish to concentrate today on three main points. The ability to carry out own-initiative investigations, which is available to several other ombudsmen, is important, but it is also important that there are checks and balances to ensure this is not abused. Suggesting the ombudsman consults with other regulators and commissioners before doing so is an important one. Also, if the Assembly controls the budget of the ombudsman, and if the Assembly believes the own-initiative investigations are not value for money, then it can refuse to provide funding for it in the future. I think that is key. The other thing is that, without own-initiative, if you've got seven nursing homes that are owned by one company, and we've had complaints from four of them, you can't go into any of the other three that are run by the same company, which are likely to have the same problems, because you haven't had a complaint from them. The danger is that the bad practice in the other four will be carried out in the other three and you cannot investigate.287

One of the key proposals is that oral complaints are received. We as Members regularly receive oral complaints. A lot of people are much happier talking to us and giving us an oral complaint than they are putting it in writing, either e-mail or letter. They're not confident in writing. Allowing the ombudsman to receive oral complaints will allow people who do not now complain to do so. The ombudsman accepting oral complaints is in line with the NHS Concerns, Complaints and Redress Arrangements (Wales) Regulations 2011, collectively known as 'Putting Things Right'. So, we don't want a situation where you can go to the NHS, you go through the whole of the NHS procedure complaining, and then when you want to go to the ombudsman, you can't complain orally, you have to put it in writing. That is going to debar a number of people. They're going to be the people who are going to be less educated, less capable of going through the process, and I don't think anybody in this room would like that to happen. So, I think it really is important that those who are not happy in writing are able to deliver their complaints orally.288

I support the ombudsman having the power to investigate private medical treatment. We've had cases where people have gone to the NHS, gone back to private, gone to the NHS again, and they have a problem. The ombudsman can do the two NHS bits, but the bit in the middle that has been done privately he cannot go through. That is a definite problem, and it's one the ombudsman himself recognises. He cannot be sure at what stage and where the problem occurred. It does limit the ombudsman's ability to investigate private care as part of an NHS patient's journey pathway. It means he cannot give the complainant a full response and this, I feel, and I'm sure other people feel, is unsatisfactory. Any finding with regard to maladministration or service failures should have the same principles applied as NHS healthcare to ensure consistency.

This Bill is about improving the ability of the ombudsman to deal with complaints of the people of Wales, and I urge Members to support it because it's about making life better for the people we're here to represent.