Welsh language scheme

This scheme sets out how the Office of the Public Guardian (OPG) will treat the English and Welsh languages equally whilst conducting public business in Wales.

The Welsh Language Act 1993 places a duty on every public body providing services to the public in Wales to prepare a scheme setting out how it will provide those services in Welsh.

The Welsh Language Commissioner approved our updated Welsh language scheme on 28 February 2020. This document sets out details of how OPG intends to fulfil its responsibilities by providing as many of our services as possible in both English and Welsh.

The scheme ensures we meet the needs of our customers by enabling them to access our services in English or Welsh, according to their personal preferences.

Office of the Public Guardian Welsh language scheme

This scheme was prepared under section 21 of the Welsh Language Act 1993 and in accordance with guidelines issued by the Welsh Language Board under section 9 of the Act. The Welsh Language Board was abolished on 31 March 2012 following approval of the Welsh Language (Wales) Measure 2011. The work of the board was transferred to the Welsh Language Commissioner and to the Welsh Government.

The Welsh Language (Wales) Measure 2011 introduces statutory standards which will replace Welsh language schemes. The standards will specify how named organisations should use the Welsh language. A number of organisations are already operating Welsh Language Standards. Over time, more organisations will come under a statutory duty to comply with Welsh Language Standards as that system replaces the Welsh language scheme system provided under the Welsh Language Act 1993.

At present, some organisations, such as Crown Bodies, like OPG, are not under a legal duty to comply with Standards. This does not, however, mean that there will not be a requirement on the Office of the Public Guardian to comply with Welsh Language Standards in the future. In the meantime, the Office of the Public Guardian will continue to implement its Welsh language scheme and will revise it in order to strengthen it and will review this scheme within three years of it coming into effect.

This revised scheme was approved by the Welsh Language Commissioner on 28 February 2020.

Foreword by Nick Goodwin

Public Guardian and Chief Executive of the Office of the Public Guardian

Under the Welsh Language Act 1993, every public body providing services to the public in Wales has to prepare a scheme setting out how it will provide those services in Welsh.

We have adopted the principle that in the conduct of public business and the administration of justice in Wales, so far as is both appropriate in the circumstances and reasonably practical, the Welsh and English languages should be treated on a basis of equality.

I am pleased to present our Welsh language scheme which outlines how we will give effect to that principle when providing services to the public in Wales. This includes individuals, legal persons and corporate bodies, including voluntary organisations; charities, directors and others representing limited companies. It does not include persons who are acting in a capacity, which is representative of the Crown, Government or the State.

Nick Goodwin

1. Introduction

1.1 Our organisation

The Office of the Public Guardian (OPG) provides services to support property and financial and health and welfare decision-making on behalf of people who lack mental capacity under the Mental Capacity Act 2005 (MCA).

From 31 July 2019, OPGs responsibilities extended to supporting property and financial decision making on behalf of missing persons under the Guardianship (Missing Persons) Act 2017.

OPG is an executive agency of the Ministry of Justice with offices in London, Birmingham and Nottingham. It works in England and Wales, with separate arrangements in Scotland and Northern Ireland.

OPG was established on 1 October 2007 to support the Public Guardian in carrying out the following legal functions of the MCA

  • maintaining a register of Lasting and enduring powers of attorney (LPAs and EPAs)
  • maintaining a register of court orders, which appoint deputies
  • supervising deputies appointed by the Court of Protection
  • nvestigating representations about registered attorneys or deputies

From 31 July 2019, these functions extended to

  • maintaining a register of court orders which appoint guardians
  • supervising guardians appointed by the High court
  • investigating representations about registered guardians

In Welsh, OPG is called Swyddfa’r Gwarcheidwad Cyhoeddus.

2. Planning and providing services

2.1 Policies and initiatives

Our policies, initiatives and services will be consistent with this scheme. OPG will consult the Welsh Language Commissioner about proposals affecting the scheme or affect the schemes of other organisations. We will not alter this scheme without the Commissioners approval.

When considering the development and implementation of policies and initiatives, we will ensure that staff and advisers involved are aware of the scheme and our responsibilities under the Welsh Language Act.

We will assess the linguistic consequences of any policies and initiatives affecting our service to the public in Wales. We will also endeavour to ensure that our policies and initiatives promote and facilitate the use of Welsh and move the organisation closer to treating the Welsh and English languages on the basis of equality.

All policies and initiatives will be consistent with this scheme and the measures contained within it and will not undermine it.

Whenever possible, our consultation documents will discuss the relationship between the Welsh language and the policies, initiatives and services under development.

We will take advantage of every opportunity to ensure that new legislation supports the use of Welsh.

When we contribute to the development and/or delivery of policies, initiatives, services or legislation led by other organisations, we will do so in a way that is consistent with this scheme.

2.2 Providing services

We will ensure that as many as possible of our services are available in Welsh – and we will let the public know how to get access to them.

For example, we include strap lines on all of our forms to inform users that they are available in Welsh; users are able to use a toggle function on our GOV.uk pages to move between English and Welsh languages; and within invitations we inform invitees of the availability of translation services for meetings

2.3 Services delivered on behalf of the OPG by third parties

Any arrangements which we make with third parties will be consistent with the relevant parts of this scheme

2.4 Standards of quality

Services provided in Welsh and English will be of equal quality and provided within the same timescale.

3. Dealing with the Welsh-speaking public

New customers will be asked at first contact if they prefer to communicate with us in Welsh or English and we will inform our existing customers that the service is available to them. Responses will be placed on a central record and all future communications to the customer will be in their preferred language.

We will use a scoring system, to be agreed with the Commissioner, to identify objectively any standard or circular correspondence which need not be published in Welsh or bilingually (for instance, when the correspondence is very technical or lengthy).

3.1 Written communication (including email)

Members of the public are welcome to correspond with the OPG in either Welsh or English.

Anyone who wants to communicate with us by email in Welsh will receive a standard automatic bilingual acknowledgment response; this acknowledgement will advise them that if they have emailed us in Welsh, a full response in Welsh will follow.

When we receive correspondence in Welsh, we will respond in Welsh within the same timescale as English correspondence. Where we cannot reply fully in this timescale, we will write and explain in Welsh.

Due to data protection law, it’s not always possible to deal with enquiries by email. In these situations, we will send a Welsh or bilingual letter in response to an email within the same timescale as we would deal with other correspondence.

Correspondence sent to us in Welsh should not itself lead to a delay.

Subject to the scoring system referred to above, when we send standard or circular correspondence to several recipients in Wales, it will be bilingual unless we know that all recipients would prefer to receive it in Welsh or English only.

If Welsh and English versions of any correspondence have to be published separately, our normal practice will be to ensure that both versions are available at the same time.

Enclosures sent with Welsh or bilingual letters will be Welsh or bilingual (whichever is applicable), when available.

All Welsh language correspondence that we issue will be signed, either in Welsh or bilingually.

3.2 Decision letters

A decision letter is a letter aimed at a wider public audience.

If a decision letter is intended to convey policy to a much wider audience than those directly involved with an inquiry or other statutory procedure, we will treat it, under this scheme, as a publication.

3.3 Phone communications

Because of our location, it is not practical for us to conduct phone conversations in Welsh. However, if a caller wishes to use Welsh, they will be given two options:

  • continuing the call in English

or

  • Writing in to us in Welsh and receiving a written response to the enquiry in Welsh

3.4 Public meetings and conferences in Wales

We welcome the use of Welsh and English at our public meetings and conferences in Wales. We will state this in publicity and will advise the public about how they can tell us in advance that they wish to speak in Welsh. If they do, we will make sure that there is simultaneous interpretation or translation available

We will ensure that public notices, invitations and other information setting out arrangements for OPG meetings and conferences are circulated in Welsh to those recipients whom we know prefer to communicate in Welsh. Where a preferred language is not known, bilingual documents will be made available

All reports and papers produced after public meetings will be published in Welsh and English.

3.5 Visits

Visitors provide independent advice to the Public Guardian and the Court of Protection; they are required to report on cases with deputy orders, lasting powers of attorney and registered enduring powers of attorney

Before we carry out visits in Wales, we will send Welsh invitations and information to those who have told us they want to communicate in Welsh. If we don’t know their preference, we’ll send bilingual information.

We will ask those who receive a visit whether they wish to receive an assessment in Welsh, and provide the assessment in accordance with their language choice. We have three Welsh speaking visitors. This will be regularly reviewed.

3.6 Other dealings with the public in Wales

We value the opinions of all our users and partner organisations.

When we carry out public surveys our normal practise will be to give respondents the option of responding in Welsh or English, and if they so wish, all aspects of the survey will be conducted in Welsh.

When we arrange seminars, training courses or similar events for the public in Wales, we will assess the need to provide them in Welsh. During the assessment, we will consider the preferred language of those attending and the availability of Welsh speaking trainers.

4. The Office of the Public Guardian public face

4.1 Publicity campaigns, exhibitions and advertising

We’ll produce all our publicity, public information, exhibition and advertising material for use in Wales either:

  • in Welsh
  • bilingually
  • as separate Welsh and English versions

If we publish Welsh and English versions separately, they’ll be the same size and quality and have the same prominence. Both versions will be available at the same time and will be equally accessible.

Advertisements and other material placed in English language newspapers (or similar) that are distributed mainly or wholly in Wales will be bilingual or appear as separate Welsh and English versions.

If we place Welsh and English versions, it’ll be at the same time and they’ll be the same size and quality with equal prominence.

We will only place Welsh advertisements in Welsh language publications.

Television, cinema, broadband and radio advertising in Wales will be in Welsh and English. Television campaigns on S4C during Welsh programming hours will be in Welsh.

Radio campaigns broadcast during Welsh language programmes on commercial radio stations will be in Welsh. We will avoid using Welsh language subtitles or dubbing adverts into Welsh (with the exception of voiceovers).

Audio-visual displays, audio tours and interactive media will be bilingual.

4.2 Corporate identity

We will adopt a fully bilingual corporate identity on all correspondence, documents and publications produced for the public in Wales. This will include the Welsh translation of the OPG title (Swyddfa’r Gwarcheidwad Cyhoeddus).

We will provide translations and artwork to publishers, agents, contractors and others who need to reproduce our corporate image.

4.3 Publications and forms

We are committed to ensuring that all materials directed at the public in Wales are published and printed in bilingual form where reasonably practical, taking into account size, complexity and cost.

If we can’t produce a bilingual version, separate English and Welsh versions will be made available at the same time.

All Welsh or bilingual material produced for the public in Wales will be equal in size and format to the English versions. We will ensure that when separate Welsh and English versions are produced they are published at the same time.

We will consult with organisations acting on our behalf to provide public services in Wales when we develop policies and initiatives that affect those services and ensure that they act in accordance with our Welsh language scheme.

All documents published in English will also be published or available to the public in Welsh.

We will make sure that our bilingual or Welsh publications are available alongside the English versions in print or on our website at GOV.UK, and at the same time.

We will translate forms received in Welsh into English without charge.

4.4 Internet

OPG does not have an independent website: we publish on GOV.UK which is the website for the UK government maintained by the government digital service (GDS), part of the Cabinet Office.

We are responsible for providing content on our individual pages of this website such as our homepage, forms and guidance and we will ensure these are available in English and Welsh.

GDS is responsible for providing mainstream content such as interfaces and general menus on GOV.UK, including on our individual pages.

To ensure that the small amount of content not available in Welsh does not affect a Welsh speakers ability to find information, we have created a Welsh index page to enable users to access all of our Welsh language content from a central place.

4.5 Information and communications technology

We will develop, design and purchase information and communications technology (ICT) products and services in accordance with this scheme. We will modify our existing ICT systems to ensure we can provide information and services in Welsh.

As we develop or procure ICT systems we will take into account the Welsh language commissioners guidance on Technology, Websites and Software: Welsh Language Considerations.

4.6 Official notices, public notices and staff recruitment notices

When we produce official notices, public notices and staff recruitment notices for English-language newspapers (or similar publications) which are available mainly or wholly in Wales, they will:

  • be bilingual

or

  • appear separately in Welsh and English.

Notices in Welsh-language publications will be in Welsh.

Whether bilingual version or separate Welsh and English versions, notices will be equal in terms of format, size, quality and prominence.

If we’re advertising a job requiring a Welsh speaker in an English-language publication, we may write the advert in Welsh with a brief description in English.

Recruitment notices in English-language journals and other publications with a UK-wide distribution may be in English, unless the post-holder has to speak Welsh. In this case, the notice will either be bilingual or in Welsh with a brief explanation in English.

Official notices, public notices or staff recruitment notices placed elsewhere in Wales will be bilingual.

4.7 Press releases and contact with the media

Press releases to the Welsh language press and broadcasting media in Wales will be issued in Welsh, where deadlines allow. When we put press releases on the GOV.UK website, our normpractice will be to publish these in Welsh and English and when deadlines do not allow this, we will ensure a welsh language version is available as soon as practically possible

5. Recruitment and training

5.1 Staffing

We do not have an office in Wales. However, we will ask all staff if they have Welsh language skills and will keep a record of this.

5.2 Recruitment

We will consider whether fluency in Welsh should be a desirable or essential skill for jobs having extensive and regular contact with the public in Wales; if it is, this will be stated in job competencies and advertisements.

5.3 Language training

We will support and fund training for staff who, as part of their duties, have extensive and regular contact with the public in Wales and who wish to learn or improve their Welsh. We will allow staff to attend training during work hours.

5.4 Vocational training

Whenever practical, we will provide vocational training in Welsh to develop the ability of staff who, as part of their duties, have extensive and regular contact with the public in Wales.

5.5 Partnership working

When we are the strategic or financial leader in a formal partnership, we will ensure that any public service aspects comply with this scheme.

When we join a formal partnership led by another organisation, we will comply with this scheme and will encourage the other partners to comply.

When we are a partner in a consortium, we will encourage the consortium to comply with this scheme.When acting in the name of the consortium, we will operate in accordance with this scheme.

The above refers only to formal partnerships dealing with services available to the public in Wales.

6. Internal arrangements

The measures in this scheme will be integrated into OPG’s usual administration.

6.1 Responsibility

The commitments and arrangements set out in this scheme carry the full authority and support of the Public Guardian.

Local managers will be responsible for implementing the scheme day to day. Team heads will be responsible for overall compliance. We will appoint a senior member of staff to coordinate the work required to deliver, monitor and review this scheme.

We will prepare and continuously update a detailed action plan, to be agreed with the Welsh Language Commissioner. It will set out how we will operate in accordance with this scheme.

The action plan will come into effect on the date on which the scheme comes into effect, or as soon as possible thereafter. The plan will include targets, deadlines and a progress report for each target will be provided to the Commissioner annually. The overall aim of the action plan is to ensure that we build on the commitments set out in this scheme.

6.2 Instructions and guidance

The scheme will be published prominently on the intranet and line managers will make sure that all staff are aware of their responsibilities at work. Staff guidance will be published on the intranet on:

  • handling correspondence in Welsh
  • using the HMCTS Welsh Language Unit and accredited alternatives
  • when to issue bilingual or Welsh and English documents, publications or publicity material
  • the implications of this scheme for those procuring from third parties

Where contact with the public in Wales is not specifically covered by this scheme, staff will work in line with the scheme’s general principles.

6.3 Publicity

We will publicise the scheme, once it is agreed and approved by the Welsh language Commissioner.

Internally, the scheme will be publicised in our:

  • staff newsletter
  • intranet
  • team brief
  • training

Externally, the scheme will be publicised:

  • by press release
  • in a prominent position on GOV.UK
  • in our regular customer publication

6.4 Freedom of Information Act and the Environmental Information Regulations

When we release information under the Freedom of Information Act or the Environmental Information Regulations, we will translate that information into the applicant’s preferred language.

Any information summary will be provided in the applicant’s preferred language of English or Welsh without cost, as will any information that should already be available in both languages under the Welsh language scheme.

7. Monitoring and reporting

The policy team will monitor and review this scheme.

7.1 Monitoring

We will monitor OPG’s performance in meeting the commitments made in this scheme and against the targets set in the scheme’s action plan. We will record the demand for services in Welsh, including any demand for services that go beyond our existing commitments.

We will establish arrangements to monitor our performance, and that of any third party providing or administering services on our behalf, in meeting the commitments made in this scheme.

When asked to, we will report to the Welsh Language Commissioner on our progress.

The type of information reported on will include but is not limited to:

  • compliance with the Welsh language scheme
  • the extent to which Welsh is mainstream in OPG
  • complaints about Welsh language provision and our responses

7.2 Reporting on performance

We will publish information comparing performance with the standards and targets set out in this scheme in the OPG Annual Report (or similar document). We will also produce a bilingual monitoring report by 30 June each year, reporting on the previous financial year, that is 1 April to 31 March.

7.3 Reviewing and amending the scheme

We will review this scheme within three years of its coming into effect. From time to time, we may review or propose amendments to this scheme, for example, because of changes in OPG’s functions.

No changes will be made to this scheme without the Welsh Language Commissioners approval.

8. Suggestions and contact information

8.1 Complaints and suggestions for improvement

Complaints related to this scheme or suggestions for improvement should be directed to the senior member of staff with responsibility for the scheme at the following address:

Office of the Public Guardian

PO Box 16185
Birmingham
B2 2WH

Email: [email protected]

We will cooperate with the Welsh Language Commissioner to resolve complaints and during any investigations held under section 17 of the Welsh Language Act

9. Action plan

Plan Action Target date
2. Service planning and delivery We will ensure that all staff responsible for policy, initiatives and service delivery (current and new) are aware of OPG commitments under this scheme By 30 April 2020
  We will include Welsh language as a consideration within equality impact assessments By 30 April 2020
3. Dealing with the Welsh-speaking public We will put measures in place to establish a customers’ preferred language of communication at first contact Measures are in place; these will be strengthened as we continually develop our IT systems
4. The Office of the Public Guardian public face We will produce Welsh language versions of guidance booklets and make these available on GOV.UK Most of our guidance booklets are available on GOV.UK in Welsh and the remainder are being replaced, where relevant, with updated guidance, also available in Welsh, over the next 1- 2 years. All Practise notes will be available in Welsh by 31 July 2020. An updated suite of guidance for attorneys and deputies will be available by July 2020.
  We will ensure that any future public facing digital services are available in Welsh and English by default As part of that, we will ensure that Lasting Power of Attorney (LPA) services are available in Welsh at the first possible opportunity. The intention is to replace the current LPA system with a fully digitalized service and we have earmarked 4 months from August 2019 to consider possible options on how to enable that to happen. One of the associated actions with developing this fully digital service is to ensure that there will be a live ‘Use my LPA’ service available in Welsh by 30 April 2020. This service will allow those users who already have an LPA to share their details with banks and primary care providers etc digitally. Updates will be provided to the Welsh Language Commissioner every 6 months regarding the development of a fully digital LPA service, with the first update being provided by 31 December 2019
5. Recruitment and training We will ask all staff what Welsh language skills they possess and will keep a record of this information By 30 April 2020
  We will include Welsh language as a consideration within equality impact assessments This exercise will be completed annually
6. Internal arrangements We will review guidance for staff on our WLS to ensure that it remains relevant, raises awareness and meets their needs. 31 December 2019
  We will regularly remind all staff of their responsibilities under this scheme and ensure that these are integrated within the normal administrative processes of the OPG. We will publicise the scheme both internally and externally. We will be publicising the scheme on approval of its revision. We will coincide regular reminders via internal communications timed with dates of significant importance within Wales, to be planned annually. Within one month of approval of this scheme.
7. Monitoring and reporting We will monitor the demand for services in Welsh, including any demand which goes beyond the commitments we’ve made in our scheme. We will review demand annually.

10. Scoring system for publications

The following documents will be produced in Welsh:

  • Mental Capacity Act Code of Practice
  • guidance booklets/leaflets
  • newsletters
  • letters to customers, where the customer has requested correspondence in Welsh
  • statutory forms
  • consultation documents

If the document is not in the above list, the scoring system below will be used to determine whether a Welsh translation should be produced.

Scoring:

0-6 points = English only at present, but might be redesigned in the future.

7-11 points = documents should be mono/bilingual but this depends on the availability of translation resources. If a decision is made not to translate the document in its entirety, a summary of the document will be produced in Welsh.

12+ points = documents must be bilingual.

Note: The formula will reflect the need for bilingual documents in most cases. Staff should use careful judgement in making a decision about translations, especially as there will be exceptions. The policy team can advise.

Considerations 1 point 2 points 3 points
1. Number of copies printed each year (if the document is not printed, how many people will be on the distribution list or how many will download the electronic version <500 501 - 2,000 2,000>
2. Length (number of words) 2,000 > 1,001 - 2,000 <1,000
3. Technicality (eg, would it be incomprehensible to the lay reader) Yes To some extent No
4. How long will the publication be used for? <6 months 6 - 24 months More than 24
5. Is the document high profile? Will large numbers of people want to see or be interested in it? Low (little external profile) Medium (specific groups only) High (media; lead document)
6. Does the publication deal with a subject No To some extent Yes area or a part of Wales of particular interest with regard to Welsh? Is it aimed exclusively at areas with a high percentage of Welsh speakers? No To some extent Yes
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