Enforcement policy

What is an enforcement policy?

It is a document that provides advice and information about the way in which the Commissioner undertakes enforcement work, and the Welsh Language Commissioner is required to have an enforcement policy.

When monitoring compliance with the Welsh language standards, or following the receipt of a complaint that raises a suspicion of a failure to comply with a standard, the Commissioner may investigate the matter and require an organisation to comply with its language duties if it is found to be non‑compliant. In some serious cases, it will be possible to impose a civil penalty on an organisation for a failure to comply.

Short introduction to the content of the enforcement policy 

The enforcement policy provides comprehensive advice and information to anyone who wants to know how the Commissioner intends to carry out his enforcement work.

It explains how the Commissioner will treat allegations of failure to comply with Welsh language standards and what action she will be most likely to take in different circumstances. It also provides information on the principles and processes she will follow as she undertakes her enforcement work.

The policy covers investigations. If an organisation is suspected of failing to comply with one or more standards imposed on them, the Commissioner may conduct a statutory investigation into the matter. Following a statutory investigation, the Commissioner will determine on the basis of the conclusions of an investigation.

The policy explains how the Commissioner will operate if she finds a failure or not: 

If the Commissioner considers that an organisation has not failed to comply with a standard, under section 76 of the Measure, she may decide:

• to take no further action, or;
• to give advice and/or recommendations to the organisation or any other person.

The Commissioner can: 

• require an organisation to prepare an action plan for the purpose of preventing the continuation or repetition of the failure;
• require an organisation to take specific steps for the purpose of preventing a failure from continuing or repetition of the failure;
• publicising an organisation's failure to comply with Welsh language standards;
• require an organisation to publicise its own failure to comply with Welsh language standards;
• impose a civil penalty on the organisation up to a maximum of £5000;
• give recommendations to the organisation or any other person;
• give advice to the organisation or any other person;
• seek to enter into a settlement agreement with the organisation.

There is a statutory process involved in producing the enforcement policy, and this policy has received the approval of the Welsh Ministers.