Role of the Ombudsman under the Disability Act 2005
The Disability Act 2005 (pdf) sets out rights for people with disabilities and places a number of obligations on public bodies. This includes Government Departments, Local Authorities, the Health Service Executive and semi-state bodies, as well as most other State organisations. The Act gives the Ombudsman powers to investigate complaints about compliance with Part 3 of the Act. Part 3 of the Act sets out the requirements on public bodies in relation to:
- Access to public buildings
- Access to services
- Accessibility of services supplied to a public body
- Access to information
- Access to heritage sites
- Sectoral plans
You can find more information about the obligations of public bodies under Part 3 of the Act here.
Sectoral plans
Under the Act, sectoral plans must be produced for six Government Departments. The sectoral plans outline the services that are available and the commitments to service development. Each plan must take into account the plans of other departments, so there is an element of overlap between the various plans. The plans include monitoring arrangements. You can find the sectoral plans on the websites of the following departments:
- Department of Communications, Marine and Natural Resources (pdf)
- Department of Jobs, Enterprise and Innovation (pdf)
- Department of Environment, Community and Local Government
- Department of Health
- Department of Social Protection
- Department of Transport, Tourism and Sport
Making a complaint to the Ombudsman
Before the Ombudsman may investigate a complaint under the Act, you must first put your case to the public body concerned and allow it time to investigate the matter.
If your complaint is about the accessibility of public buildings, services, information or heritage sites, then your complaint will be investigated by an Inquiry Officer of the public body.
If your complaint relates to a sectoral plan, the sectoral plan will set out information about the complaints procedure to be followed.
If your complaint is not resolved then you can ask the Ombudsman to investigate the matter.
What the Ombudsman can do
If the Ombudsman finds that a public body has failed to comply with a provision of Part 3 of the Act or of a sectoral plan, and that this has had an adverse effect on you or another person, then the Ombudsman can recommend:
- That the matter be further considered
- That measures be taken to remedy or alleviate the adverse effect
- That the reasons for taking the action be given to the Ombudsman
Further information
The website of the Office of the Ombudsman has further information on the role of the Ombudsman under the Disability Act 2005.
Contact
The Office of the
Ombudsman
18 Lower Leeson Street
Dublin 2
Lo-call: 1890 22 30 30
Fax: (01) 639 5674
Email: ombudsman@ombudsman.gov.ie
Language
Related Documents
- Making a complaint about the Health Service Executive
The rules about complaints against the HSE and how you complain - Office of the Ombudsman
The main duty of the Irish Ombudsman is to investigate complaints made by members of the public about how they have been treated by public bodies in Ireland. - European Ombudsman
The European Ombudsman safeguards the fundamental rights of citizens living in Europe by ensuring open and accountable administrations within the European Union.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.