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Ombudsman publishes Case Reports

Date released: 19.09.2007

The Ombudsman, Emily O'Reilly has today published details on her website of three complaints she has successfully resolved. Under Section 6(7) of the Ombudsman Act, 1980 the Ombudsman is obliged to report to the Dáil and Seanad annually. Each Annual Report provides details of a selection cases of interest or concern which arose during the year in question but these would represent a very small proportion of the overall number of cases dealt with by her Office in any given year. By the end of 2006 approximately 66,000 valid complaints had been handled by the Office of the Ombudsman, since it commenced its work in 1984. In effect, the Annual Report is a snapshot of the work of her Office over a particular twelve month period.

In order to complement her Annual Reports the Ombudsman has decided to periodically publish additional case reports on her website. A limited number of such cases are already published on her Office's website, but further cases will now be published more regularly. This will help to provide a more comprehensive picture of the work carried out by her Office. It will also help to raise awareness of her Office among the public at large. In addition, the Ombudsman also hopes that such cases will be of interest to public representatives and organisations which provide advice and support to the general public and will encourage them to bring the services of the Office of the Ombudsman to the attention of members of the public who need them. Finally, public bodies may benefit from absorbing the administrative lessons learned through the resolution of individual cases by the Ombudsman and this, in turn, may help to bring about improvements in public administration in Ireland generally.

The three cases now being published relate to the following:

A retired member of An Garda Síochána from County Cork contacted the Ombudsman to complain that he had received incorrect information from the Department of Social and Family Affairs regarding his pension entitlements. The Ombudsman concluded that he had been given incorrect information by the Department on two occasions which gave rise to a legitimate expectation that he was entitled to payment of a special pro rata mixed insurance pension. This pension had been refused by the Department. Following the Ombudsman's intervention the Department reviewed its position, agreed to pay the appropriate pension and also paid arrears amounting to over €32,000.

A retired man from County Dublin complained to the Ombudsman regarding his wife's entitlement to nursing home subvention which had been refused by the Health Service Executive (HSE) Eastern Region, East Coast Area. The Ombudsman discovered that in assessing the level of entitlement the HSE had jointly assessed the couple's means but in doing so did not do so in accordance with the relevant Regulations. When this was pointed out to the HSE it paid the complainant's wife nursing home subvention arrears of €5,506 and awarded her a contract bed in the nursing home.

A woman living in Dublin City, who had objected to a planning application, complained to the Ombudsman that Dublin City Councilhad failed to inform her of the decision on the application within the appropriate statutory deadline. As a result, she missed an opportunity to appeal against the decision. Following the Ombudsman's intervention, the Council agreed to pay €1,000 in compensation and revised its procedures to ensure that the same problem would not arise in the future

The full text of the three cases is available on this website under Sample Cases on the Home page

Further Information: Tom Morgan at 01-6395600, Fax 01-6395674, e-mail: tom_morgan@ombudsman.gov.ie

Note for Editors:

The Ombudsman - a brief guide

What is the Ombudsman's Role?

The Ombudsman investigates complaints from members of the public who feel they have been unfairly treated by certain public bodies. Her Office is impartial and completely independent of Government. If she finds a complaint justified she may recommend appropriate redress.

What Can the Ombudsman Do?

The Ombudsman has extensive powers in law. She can demand any information, document or file from a body complained of and can require any official to give information about a complaint. She can look into all administrative actions including:

• decisions
• refusal or failure to act
• administrative procedures

Who Can Complain and How?

Any individual, public representative, company, or organisation can make a complaint. Complaints can be made in writing, by telephone, fax or email, or by calling to the Ombudsman's Office.

Which Public Bodies are Subject to Investigation?

• Government Departments and Offices
• Local Authorities (County Councils, City Councils etc.)
• Health Service Executive
• An Post

When Should You Complain?

Before you contact the Ombudsman you must first try and solve your problem with the public body concerned. If you fail to resolve your problem and feel that the public body has not treated you fairly, contact the Ombudsman. When making a complaint try to give as much information as possible including any copies of letters and reference numbers.

What Will it Cost?

Nothing. There is no charge for dealing with complaints.

How Will the Ombudsman Deal With Your Complaint?

The Ombudsman's staff will screen the complaint to see if it falls within her remit and whether there is a basis to take it up with the public body. In the majority of cases complaints are resolved satisfactorily in a very informal way, for example, by discussing the problem with the public body or by examining the relevant files. In the more complex cases a formal investigation may be required.

If the Ombudsman finds that your complaint is wholly or partially justified, she will report this to the public body concerned. She may recommend that it should review its action, change its decision, or offer some form of appropriate redress.

Will the Recommendation of the Ombudsman be Accepted?

The Ombudsman has no power to force a body to accept or act upon her recommendation. If it does not, she may find it necessary to report on the matter to the Houses of the Oireachtas.

Are There Areas That the Ombudsman Cannot Investigate?

Yes, she cannot investigate:

• the actions of private companies or individuals, private practitioners, dentists, opticians, pharmacists, etc.;
• actions taken in connection with clinical judgement by doctors;
• the "reserved functions of Local Authorities", for example, those functions exercised by elected members of local authorities;
• complaints relating to recruitment, pay and conditions of employment;
• court decisions, matters which are already the subject of court proceedings, the actions of the Gardaí or actions taken in the running of the prisons;
• where there is a right of an appeal to an independent tribunal or appeal body such as the Appeal Commissioners of Income Tax.

The Ombudsman and the Disability Act 2005

The Disability Act 2005, which became law on 8 July 2005, imposes significant obligations on Government Departments and on Public Bodies to work proactively towards the improvement of the quality of life of people with disabilities.

The Act also gave the Ombudsman new powers to investigate complaints about compliance by public bodies and others with Part 3 of the Act (i.e. accessibility of buildings, information and services).

The Ombudsman does not have any role in relation to other Parts of the Disability Act, 2005 (for example, assessment of needs [Part 2] or public service employment [Part 5] ). The Act contains separate complaints and/or monitoring arrangements for these.

List of Special Reports on Systemic Issues Published by the Office of the Ombudsman

Non-Payment of Arrears of Contributory Pensions March 1997

Provision of School Transport for a Child with Disabilities February 1998

Lost Pension Arrears June 1999

Local Authority Housing Loans - Overpayments June 2000

Payment of Nursing Home Subventions by Health Boards January 2001

Tax Relief for Passengers with Disabilities August 2001

Redress for Taxpayers November 2002

Care of a Patient at Sligo General Hospital July 2005

Delay by a Former Health Board in Calculating

Superannuation Contributions February 2006

Complaints Against the Public Health Service May 2006

Complaint About an Application to Foster Three

Sibling Children June 2007

Complaint Handling in Kildare County Council June 2007

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