Joint Working Manual

Part 21

Appendix Four - PHSO amended scheme of delegation

Annex A - PHSO Scheme of Delegation - Joint Working Cases

This document supplements the main PHSO Scheme of Delegation and explains how the Ombudsman delegates their powers in respect of decision-making on joint working cases. It should be read in conjunction with the main Scheme document, which explains the background to the Scheme, information about its administration and how general and specific powers are delegated.

The main Scheme takes precedence over this supplement and reference should be made to it if there is uncertainty about the approval of specific actions or decisions.

Joint working covers investigations carried out jointly with the Parliamentary Ombudsman, the Health Services Ombudsman, the Local Government and Social Care Ombudsman (LGSCO) or the Public Services Ombudsman for Wales.

The Ombudsman gives a general delegated authority to the staff listed in this supplement to publish anonymised case information about joint working cases.

These delegations apply to all staff in joint working teams dealing with joint working cases, regardless of which Ombudsman's office they are actually employed by.

All cases

General powers to obtain information to carry out casework

Power Who

Power to obtain information for the purposes of:

  • Deciding whether we can look at a complaint;
  • Deciding whether to accept a case for investigation;
  • Carrying out an investigation.
  • Operations Manager
  • Assistant Ombudsman, Joint Working Team
  • Investigators, Joint Working Team
  • Team Co-Ordinators, Joint Working Team

Power to obtain information for the purposes of:

  • Confirming an organisation has complied with recommendations.
  • Operations Manager
  • Assistant Ombudsman, Joint Working Team
  • Investigators, Joint Working Team
  • Team Co-Ordinators, Joint Working Team

Step 1: Actions and decisions made at Intake (Assessment)

Power Who

Power to decline a case for investigation on the ground(s) that:

  • The organisation complained about is outside the

Ombudsman’s jurisdiction;

  • The complaint concerns public service personnel matters;
  • The complaint concerns pre-1996 clinical matters;
  • The complaint concerns private healthcare (not NHS funded);
  • The complaint was not properly made6;
The complaint is not ‘ready for us7’.
  • Operations Manager
  • Assistant Ombudsman, Joint Working Team
  • Investigators, Joint Working Team

Step 2: Actions and decisions made at Assessment (Primary Investigation)

Power Who

Power to decline a case for investigation on the ground(s) that:

  • The complaint relates to a less serious impact or injustice.
  • The complaint is not ‘ready for us’3.
  • The complaint is withdrawn
  • The complaint is resolved following a mediated outcome (resolution agreed by complainant)
  • The organisation complained about is outside the Ombudsman’s jurisdiction.
  • Assistant Directors
  • Operation Managers
  • Senior Caseworkers
  • Caseworkers (including Early Consideration and Early Dispute Resolution)
  • Assistant Ombudsman
  • Investigators, Joint Working Team
  • Joint Working Team

Power to decline a case for investigation on the ground(s) that:

  • The complaint is not in remit8;
  • A person or organization is not suitable to bring a complaint on behalf of the aggrieved;
  • The complaint has been made out of time;
  • The complaint has (or has had) an opportunity to achieve an alternative legal remedy;
  • The complaint does not show indications of maladministration or service failure
  • The complaint does not show indications that any potential maladministration or service failure has led to an unremedied injustice;
  • There is an alternative dispute resolution forum available;
  • There is any other reason why an investigation would not be practical.
  • Assistant Ombudsman
  • Investigators, Joint Working Team
  • Joint Working Team

Power to investigate a complaint in principle

  • Operations Manager
  • Assistant Ombudsman
  • Investigators, Joint Working Team
  • Joint Working Team

6 Not properly made: For Parliamentary complaints, this refers to when a complaint has not been made in writing and/or referred to the Ombudsman by a Member of Parliament. For Health complaints, this refers to when a complaint has not been made in writing.

7 Ready for us: a complaint has completed the local complaint handling stages for the organisation complained about, which would include any second tier complaint handler where relevant.

Step 3: Actions and decisions made at Investigation stage (Detailed Investigation)

Power Who
  • Power to confirm an investigation
  • Approval and issue of provisional views/draft decisions (including making recommendations)
  • Power to make decisions on the outcome of investigations.
  • Power to discontinue an investigation
  • Approval and issue of final statements of reasons (or reports) of investigations. 
  • Operations Manager
  • Assistant Ombudsman
  • Investigators, Joint Working Team
  • Joint Working Team

8 See section 2 and Annex A of the Service Model main guidance for the categories of complaint that are ‘out of remit’.

Where there is an actual or perceived conflict of interest, all delegations herein are withdrawn in relation to that specific conflict, for the individual making the declaration. Where there is a declared conflict, any exercise of powers will be taken by another person in accordance with the Scheme of Delegation.

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