Welcome to the first edition of our newsletter. Through this publication, we will be giving you regular updates about our casework trends and other work.

A word from Michelle

In this edition, we include information about our recent public interest reports and decisions on several Code of Conduct referrals published since January. We also talk about our new guidance on complaints about ‘nosocomial’ COVID-19, the launch of our new Strategic Plan, and our annual Sounding Boards with external stakeholders.

We are currently working on our Annual Report. It will include all our recent casework and performance data, which we will talk about in detail in the next newsletter. However, I can already signal that our casework has continued to increase. One of our main challenges in the coming year will be how to continue to deliver justice under increasing workload pressures.

Our complaints

During the last quarter of 2022/23, we received 2354 new cases – of which, 784 became duly made complaints.

We also closed 2381 cases – of which, 823 complaints. In the last quarter alone, we closed 84 investigations.

Public interest reports

We issued 2 public interest reports and 1 special report.

Cardiff and Vale University Health Board

We found that Cardiff and Vale University Health Board failed to adequately assess the patient’s clinical history and new symptoms and did not admit him to the ITU after surgery. This ultimately led to his deterioration and death. Read our report here.

Betsi Cadwaladr University Health Board

We found that dignity of a patient with bowel care needs was compromised after Betsi Cadwaladr University Health Board failed to deliver appropriate medical and nursing care. Read our report here.

Bannau Brycheiniog National Park Authority

We issued a Special Report about Bannau Brycheiniog National Park Authority, after the Authority has failed to comply with the recommendations issued, and agreed to, over 3 years ago. Read our report here.

Code of Conduct referrals

We had decisions on 3 referrals to Standards Committees.

Councillor Louise Hughes of Cyngor Gwynedd

Our report concerned a complaint that the Councillor behaved inappropriately when she responded in German to correspondence she received in Welsh. The Standards Committee of Cyngor Gwynedd decided that the Councillor should be suspended for 1 month, attend training and apologise in writing to the complainant within 3 weeks.

Councillor Terry Davies of Llanelli Town Council

Our report concerned a complaint that the Councillor had behaved inappropriately during an interaction with other members. The Standards Committee of Carmarthenshire County Council decided that the Councillor should be suspended for 1 month and attend Code of Conduct training.

Councillor Paul Rogers of Brymbo Community Council and Wrexham County Borough Council

Our report concerned a complaint that the Councillor made an alleged false complaint about the complainant to the Police, relating to an incident which occurred on a bus. The Standards Committee of Wrexham County Borough Council decided that the Councillor should be suspended for 3 months.

We also had a decision on 1 referral to Adjudication Panel for Wales.

Former Councillor Sheila Jenkins of St Harmon Community Council

Our report concerned a complaint that the Former Councillor had failed to declare personal and prejudicial interests at two Council meetings. Adjudication Panel for Wales decided that the Councillor should be disqualified for 12 months.

Guidance

We know that many members of the public are concerned about how they, or their loved ones, acquired COVID-19 while receiving care in NHS settings such as hospitals. A COVID-19 infection acquired in an NHS setting is called ‘nosocomial’ COVID-19.

In March, we published guidance on our approach to complaints about ‘nosocomial’ COVID-19 (see here). We also shared this guidance with Chief Executives and complaints officers of Welsh Health Boards to make sure that they are aware of how we will deal with these complaints.

Our new Strategic Plan

On 4 April, we launched our new Strategic Plan: A new chapter, which sets out our four Strategic Aims:

• Delivering justice with a positive impact for people and public services
• Increasing accessibility and inclusion
• Expanding our proactive improvement work
• Ensuring that we are a healthy, efficient and accountable organisation.

Our online launch was very well attended – thank you to all who joined us on the day. We are now looking forward to putting the Plan to work, for the benefit of people of Wales.

Read our Strategic Plan here | Watch a short video about our Strategic Plan here.

Our event in the Senedd

On 10 May we held an event for the Senedd Members and their staff.

All were invited to come in and talk to Michelle and our staff about the Strategic Plan and what it means for the public services and standards of conduct in local democracy in Wales.

We thank Luke Fletcher MS for kindly sponsoring this event.

Sounding Boards

We held three Sounding Board sessions in April 2023, with local councils, Health Boards and housing associations. 44 organisations were represented. We had feedback on some areas that we could improve – for example, how consistent we are when setting deadlines for organisations to send us evidence. However, overall the feedback was very positive.

We also convened our annual Sounding Board with advice and advocacy bodies. 14 organisations attended that session. They shared with us some feedback on things we could do better – for example, they highlighted that our process would be difficult to use for someone with learning disability. We also discussed opportunities to work together.

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The National Preventive Mechanism (NPM), which works within the Ombudsman’s Office, focused part of its activity in 2022 on the conditions and procedures of detention in Police Commands, Police Stations and other units of the Public Security Police, having elaborated a thematic report, which is now disclosed.

Regarding the material conditions, it was concluded that most of the detention spaces visited complied, in general terms, with the legal and regulatory requirements, namely regarding the interior layout of the cells, accommodation and food.

However, it was observed a transversal absence of video surveillance systems. In several of the monitored police stations, the privacy of the detainee during the creation of the detention file, as part of admissions processing, was not guaranteed. In several cells, it was also observed the inexistence of alarm equipment – a fundamental safeguard for the prevention of risk situations for detainees.

In what concerns the detention procedures, irregularities and inconsistencies were frequently detected in the documental registry, namely in the operation of the computer platform – the Strategic Information System (SIS).

It was found that it is possible to generate and print the eletronic detainee detention file without the field “Physical State” – where information regarding, for instance, eventual injuries of the detainee should be included – being properly filled in, despite being a mandatory field and being marked as such in the SIS.

On the other hand, the NPM observed several cases in which certain fields actually filled in the SIS were not included in the printed version of the eletronic detention file signed by the detainee, which, in practice, means that the detainee may sign a document without knowing its full content.

The NPM also found that among police officers there is no unequivocal and generalized awareness that they have a legal duty to report to the Public Prosecutor any evidence or complaint of ill-treatment, even if the latter may seem unfounded.

To read the full report click here [in Portuguese only].

The Ombudsman as NPM

The NPM was established in Portugal in 2013, following the ratification by the Portuguese State of the Optional Protocol to the UN Convention against Torture and Other Cruel, Degrading or Inhuman Treatment or Punishment (OPCAT). The OPCAT establishes a system of regular visits by independent bodies to places where persons deprived of their liberty are or may be found. The NPM is the national component of this system, which corresponds at the international level to the United Nations Subcommittee on Prevention of Torture. To learn more about the activities of the Ombudsman as NPM click here.

The 13th General Assembly of the AOM will be held in Malta in 2025

The 12th General Assembly of the Association of Mediterranean Ombudsman (AOM), which met in Kosovo, approved the Pristina Declaration. The declaration underscores the crucial role of Ombudsman institutions in upholding human rights and fundamental freedoms, urging State actors to adhere to international standards.

The Pristina Resolution advocates for a strong legal foundation for Ombudsman institutions and ensures they maintain independence in carrying out their mandates. It emphasises the need for sufficient resources and protection from actions that could undermine their integrity. Furthermore, it calls for objective, merit-based appointment processes free from political interference and promotes functional immunity for Ombudspersons and their staff.

Member countries are urged to refer to international human rights standards, such as the Paris and Venice Principles, in legislative reforms concerning Ombudsman Institutions. The AOM calls upon international and regional human rights organisations to advocate for strengthening Ombuds institutions in line with the Paris Principles.

The General Assembly also approved the proposal of the Secretary-General and Treasurer of the AOM, the Parliamentary Ombudsman Judge Emeritus Joseph Zammit McKeon, to host the next General Assembly in Malta in 2025, coinciding with the 30th anniversary of Malta’s Ombudsman institution.

The Pristina Declaration in full can be downloaded from here.

Unter dem Motto „mit der Kraft der Frauen“ fand am Donnerstag eine weitere Welpentaufe im Militärhundezentrum Kaisersteinbruch statt. Dabei übernahm Verteidigungsministerin Klaudia Tanner gemeinsam Volksanwältin Gaby Schwarz, Moderatorin Barbara Karlich und der Präsidentin des Roten Kreuz Burgenland die Patenschaft für vier kleine Rottweilerwelpen.

Die vier Rüden Merlin, Mexx, Mik, und Mounty erhielten von ihren Patinnen ihr Dienstmarke - damit sind sie offiziell in den Dienst des Bundesheeres gestellt.

„Es freut mich sehr als Hundefreundin- und jahrzehntelange Hundebesitzerin, die Patenschaft für Merlin übernehmen zu dürfen. Die professionelle Arbeit der Hundeführerinnen und Hundeführer sichert die Qualität der Ausbildung und des Trainings der Welpen und späteren Begleitern auf 4 Beinen“ so Volksanwältin Gaby Schwarz bei der Welpentaufe. 

The Dutch National Ombudsman, the Ombudsman for Children and the Ombudsman for Veterans today present their 2022 Annual Report to the House of Representatives: Time for the citizen. In it, they call on the government to listen to citizens more often, sooner and to better effect. Despite having seen some positive examples from the government, the ombudsmen continue to take a critical view, particularly with regard to the influence and control that citizens currently have over the work of the government.

National Ombudsman, Reinier van Zutphen: "Participation can only be successful if people actually have influence and control. We continue to be critical in cases where participation appears to be being used as a sticking plaster for an inadequate service provided by the government. Besides, citizens are only truly able to participate if certain conditions are met first. This includes having sufficient money to survive. People with financial concerns have less freedom to participate."

Uncertain period

In the annual report, the ombudsmen review a year of uncertainty, with Russia’s invasion of Ukraine, increasing energy prices and sky-high inflation levels. Some 90,000 Ukrainians fled to the Netherlands, placing additional pressure on existing asylum and reception facilities. This was yet another problem on top of other major issues, including housing shortages, the climate transition, the nitrogen problem, issues in juvenile care and the complex processes of redress in the allowances scandal, gas exploration in Groningen and flooding in Limburg. They note that the government needs to improve the way it listens to citizens in its approach to these problems. "We receive regular reports from citizens who feel they are not being heard or taken seriously. Before even starting with solutions, the government would be well advised to engage in dialogue more frequently with citizens to discuss the necessary action. What we need is a government that listens and is realistic about the efforts it is willing and able to make, without making promises it cannot meet."

From equality to equal treatment

In other words, it is time to stop talking about citizens and children and start talking with them instead. In 2022, the ombudsmen also saw some good examples, of a government actively engaging in conversation with citizens or even approaching them to draw attention to provisions to which they are entitled. "There is no lack of goodwill to resolve problems. But it needs to be done with purpose, care and creativity.” The ombudsmen also highlight the tendency to resort to increased regulation and far-reaching juridification. "The government strives to achieve equal rights and equal treatment for citizens. And, of course, the minimum that the government does must be the same for every citizen. Beyond that, there can be differences, provided that they can be properly explained." In the last year, the ombudsman also saw the strengthening of citizens’ legal status as another example of this increasing juridification. For example, in the wake of the allowances scandal, citizens were given increased access to legal aid. "This was all done with the very best intentions. But citizens should not have to resort to taking legal action against the government. This shows that, in far too many cases, the government is opposing citizens rather than standing alongside them."

Time for the citizen

Last year saw the ombudsmen call for increased speed across a range of key areas. "We are continuing to do this, because too many citizens are still waiting too long for their problems to be resolved." According to the ombudsmen, in its efforts to resolve problems, the government needs to quickly engage in discussion with citizens and acknowledge that mistakes have been made. After that, however, they need to take the time to stand alongside people in order to reach a well-considered solution, based on mutual agreement. "In practice, this can result in surprisingly simple solutions, that not only bring about financial redress, but also emotional redress. It is time for the citizen.”

Bijlagen

Summary Annual Report 2022(pdf, 2.94 MB)