Joan Burton
Question:32 Ms Burton asked the Tánaiste and Minister for Health and Children her views on the need for a statutory appeals system to be set up for all health and community services. [4225/05]
View answerThursday, 10 February 2005
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Written answers
A statutory complaints framework is provided for under the provisions of Part 9 of the Health Act 2004, which was enacted in December 2004. This provides for the establishment of a statutory complaints framework to apply to complaints about the actions of the Health Service Executive or a service provider. The establishment of such a framework follows on the commitment in the health strategy to provide for such a statutory framework to provide for greater clarity and uniformity of approach in dealing with complaints and to provide for structured local resolution processes with access to independent review.
Under the statutory framework provided for in the 2004 Act, an action is defined as "anything done or omitted to be done" by the executive or by a service provider with whom it has an agreement for the provision of services or with a service provider to whom it provides assistance for the provision of services.
This framework initially seeks to resolve the complaint at local level but provides for access to independent review if the complainant is dissatisfied with the outcome of the complaint. It also provides for access to the Office of the Ombudsman, or the Office of the Ombudsman for Children, if the complainant is still dissatisfied following the outcome of the review.
The provisions of the statutory framework will apply to all service providers providing services on behalf of the executive. They can either avail of the executive's complaints system or establish their own if the executive is satisfied that its standards are comparable to that of the executive. There is also provision that where a person is unable to make a complaint because of illness or age or disability, a complaint may be made on his or her behalf by certain specified persons.
Complaints must be made within 12 months of the actions giving rise to the complaint. The framework provides that complaints cannot be made about certain issues which include matters which are or have been the subject of legal proceedings, matters relating to clinical judgment and matters relating to the recruitment and appointment of employees. The provisions of the statutory framework provide that the operational detail will be set out by way of regulations to be made by the Minister.
The Deputy will also be aware that Part 2 of the Disability Bill 2004, which deals with assessment of need and access to health and education services contains redress mechanisms consisting of complaints, appeals and enforcement procedures so as to provide individual means of redress under the provisions of this part. In addition, the Education for Persons with Special Educational Needs Act 2004 contains an appeals mechanism which covers the assessment of need for a child with special educational needs and the delivery of the supports by the education and health services necessary to enable the child to participate in and benefit from education.