Seeking Your Views: Welsh Language Commissioner's Enforcement Policy

We want to hear your views on the changes we are proposing to our Enforcement Policy.

Although we are not subject to the Well-being of Future Generations Act, we support the 5 ways of working. A Wales where the Welsh language thrives is one of the 7 well-being goals, and in line with our co-regulation approach, we are committed to engaging and involving stakeholders in our regulatory activities.

Your feedback is important to us and will help shape how we regulate and promote compliance with Welsh language standards.

What is the Enforcement Policy?

This policy is a legal document that provides advice and information on how we will ensure organisations comply with Welsh language standards. It explains how we will deal with non-compliance and what actions we are likely to take in different situations.

Why are we making changes to the Enforcement Policy?
Earlier this year, we committed to co-regulation with a strong focus on promoting self-regulation. This new approach encourages collaboration and partnership with organisations.

We have now set regulatory outcomes – outcomes that represent the common goals and objectives of organisations, Welsh language users, and us as the Welsh Language Commissioner. These outcomes will guide how we regulate, focusing on the areas that are likely to have the greatest impact on opportunities to use the Welsh language.

We want to ensure that regulation does not just mean carrying out statutory investigations and imposing enforcement actions. We aim to increase regulatory support by providing advice, raising awareness and understanding, and helping organisations comply with the standards.

The success of a co-regulation approach depends on being open and honest. We encourage organisations to contact us early to inform us of any risk of non-compliance, and we welcome requests for guidance.

How will we handle complaints?
When we receive complaints about Welsh language services, we will give organisations the opportunity to use their own complaints procedures to respond and offer a timely solution. If this is not possible, or if the complainant is dissatisfied with the outcome, we will consider carrying out an investigation. We will continue to deal with complaints and investigate ourselves when we believe that it is likely, in our opinion, to have a positive impact on achieving our regulatory outcomes. Acting in this way will enable us to make the best use of resources while continuing to fulfil our statutory duty of receiving complaints and using our enforcement powers to ensure compliance where necessary.

What are the main changes to the policy?
The revised policy:

• Emphasises a co-regulation approach with a strong focus on promoting self-regulation by organisations.
• Includes regulatory principles with more emphasis on collaboration and partnership.
• Encourages organisations to resolve complaints internally before they reach the Commissioner.
• Emphasises the need to avoid unnecessary delays and provides regular updates to the parties involved.
• States that we will use a variety of methods to restore compliance, choosing the best approach for each situation.

Why is this important?
This revised policy represents an important step forward in our regulatory work, making it clearer to the public and organisations how we intend to handle our processes in the future.

We look forward to receiving your feedback.