Under the Disabilities Act, 2005, any person is entitled to make a complaint if a public body fails to make their services and information accessible to people with disabilities.
Sections 26, 27 and 28 of this legislation require that public bodies provide services and information in a manner that is accessible to all and ensure that, where practicable and appropriate, the goods and services they purchase or hire are also accessible.
- With effect from December 2005, services for persons with and persons without disabilities should be integrated. Assistance in accessing the service should be provided and there should be at least one Access Officer on the staff to assist and guide people with disabilities in accessing the service. (Section 26)
- Goods and services provided to public bodies should be as far as practicable appropriate. (Section 27)
- Communication (oral/written/electronic) should be provided in a form that is accessible to persons with hearing or visual impairments. Information relevant to persons with an intellectual disability should be easy to understand and in clear language. (Section 28)
Making a Complaint Under the Disabilities Act, 2005.
Who can make a complain
A person may by himself / herself or through:
- a spouse, a parent or a relative
- a guardian of that person or a person acting in loco parentis to that person
- a legal representative of that person, or
- a personal advocate assigned by Comhairle to represent that person
How to make a complaint to the HSE under the Disabilities Act, 2005
A complaint can be made:
- in person,
- in writing,
- by phone,
- by fax,
- by e-mail,
- or with an assistant.
A staff member receiving the complaint will:
- Log the complaint and refer the complaint to the Inquiry Officer.
- Inform the complainant of the contact details of the Inquiry Officer and the procedure of the inquiry.
The inquiry officer will:
- Investigate the complaint
- Prepare a report with a decision as to whether there had been a failure on the part of the public body to comply with a provision of the Act.
If the complainant is not satisfied with this decision they can appeal to the Ombudsman.
Note: The Disability Act, 2005 requires that investigations by Inquiry Officers must be conducted in private.
