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Disability Act 2005

Do I have to do anything before I bring my complaint to the Ombudsman?

Before the Ombudsman may investigate a complaint in relation to Part 3 of the Disability Act, 2005 the person making the complaint must first have used the internal complaints procedures of the public body concerned.

 Internal Complaints Procedures in relation to Sections 25 to 29

Section 38 of the Disability Act, 2005 states that a person may by himself or through a person referred to in Section 9(2) [see definition below] make a complaint in writing to the head of a public body in relation to the failure of the body to comply with section 26, 26, 27, 28 or 29 of this Act.

A person specified in section 9(2) means:-

(a) a spouse, a parent or a relative of a person referred to in subsection (1)(a) [i.e.a person who is of the opinion that he or she may have a disability]

(b) a guardian of that person or a person acting in loco parentis to that person

(c) a legal representative of that person, or

(d) a personal advocate assigned by Comhairle to represent that person

Section 39 of the Disability Act, 2005 allows for a public body to authorise as many officers as is considered appropriate to be Inquiry Officers whose job will be to investigate complaints made under section 38. Each public body must draw up and publish procedures in relation to the making and investigation of complaints. The Act provides that Inquiry Officers shall be independent in the performance of their duties.

When a complaint under section 38 is received by a public body it must be referred to an Inquiry Officer for investigation. The Inquiry Officer must prepare a written report of the results of the investigation and a copy of this must be given to the head of the public body concerned and to the person who made the complaint. This report must set out the findings of the Inquiry Officer together with a determination as to whether there had been a failure on the part of the public body to comply with a provision of the Act referred to in the complaint, and if so, the steps required to be taken by the public body to comply with the relevant provision of the Act.

The Disability Act, 2005 requires that investigations by Inquiry Officers must be conducted in private.

Internal Complaints Procedures in relation to Section 32 to 37 (Sectoral Plans)

As mentioned above, each sectoral plan must contain information about the complaints procedures to be provided by a public body or other persons in relation to any matters which are the subject of the plan. However, at the present time, none of the sectoral plans have been laid before the Houses of the Oireachtas for approval by resolution and therefore details of the proposed complaints procedures are not yet available.

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