Part of the debate – in the Senedd at 8:51 pm on 10 March 2020.
Thank you, Llywydd. I'd like to formally move the amendments 43 and 47, tabled in my name. Amendment 43, Minister, is a probing amendment and it relates to requiring NHS bodies and local authorities to work together where a complaint is raised, which relates to both of them, and amendment 47 is consequential to amendment 43.
Now, these amendments are based on evidence submitted by the Public Services Ombudsman for Wales to the committee during Stage 1 and further discussions that we've had at Stages 2 and 3. In written evidence, the ombudsman noted his disappointment that the Welsh Government did not proceed with its proposals on joint investigations and the alignment of NHS social services complaints procedures within its White Paper. And I know that this has raised concern with a number of Members, because more often, now, people are having support from the NHS and from social services. And if there is an issue, sometimes it's extremely difficult to say whether the issue is on the health bit or the social services bit, or it might be an issue that actually connects with both. Then to ask the citizen to start two separate complaints processes or raising their concerns via two separate processes for the same issue is actually a big ask, and this is all about making the life of the citizen more direct, easier to manage and less confrontational. That's why I've tabled these amendments, because what we want to see is a joint system only on the instances where the complaints that are being raised are about something that affects both NHS and social services.
Now, I did listen very carefully to the Minister, and that's why this is a probing amendment, because you have said that you want to have a unified complaints process. And I've also heard you say that it will take time to put in place, but it's actually very complicated in that the way an NHS complaint is processed is very different to the way a social services complaint is processed and that, very often, the NHS complaint, because it tends to be much more clinical, will often take much longer because there are far more people who have to be brought in to play and you've got to listen to the consultants and everybody who is involved in it. Whereas, quite often, a social services case might be much more direct and easier to deal with, and marrying the two different types of complaints processes can be very hard. So, I understand that and I agree with you. But what I'm concerned about is how long it might take.
We already heard in the previous amendment that we're seven years on and things that were vital that had been promised still haven't happened. When we discussed this, we did talk about an anticipatory amendment, and the point of an anticipatory amendment is to have, within this Bill, the ability for the Welsh Minister to say, 'At a point in the future, guess what, health and social care, I've given you all this time to get your act together, to put your complaints processes together, to help the citizen'—and this is all about helping the citizen—'you still haven't done it, so now I'm going to enact this bit of the Bill that will make you get on and do it.' This is what amendments 43 and 47 are about.
I am concerned that there's been a row-back on our discussions over an anticipatory amendment. I do accept you haven't given up on the ambition to have a more unified complaints process. I do welcome your promise that officials will look to arrange a round-table discussion before the summer recess, with the relevant departments. I do think this is still in danger of being kicked into the long grass again, without a statutory commitment.
This is why I've put these amendments forward. I'd be interested to hear, Minister, what you have to say. These amendments allow you to draw together all the stakeholders that need to be consulted. They allow you to drive a future joint complaints process forward through a regulatory framework. In consultation with the Public Services Ombudsman for Wales, we believe that agreement can be reached within six months of this section coming into force, and I would urge Members to support these amendments.