Dáil Éireann Debate, Tuesday - 9 October 2012
632. Deputy Simon Harris asked the Minister for Health if there is a disability appeals officer in place within his Department under the terms of the Disability Act 2005; if a permanent post for this position is in place; and if he will make a statement on the matter. [42985/12]
View answerPart 2 of the Disability Act 2005 makes provision for the introduction of very specific obligations on the health services, including a statutory entitlement to: An independent assessment of health and education needs {Section 8}; a statement of services {Section 11} which it is proposed to provide; an independent redress and complaints mechanism {Section 14} if required; make an appeal to the independent Disability Appeals Officer {Section 18}.
The Disability Appeals Officer (DAO) is an independent officer appointed by the Minister for Health whose purpose is to provide an appeals service to people who wish to appeal (i) against a finding or recommendation of a complaints officer of the HSE made under the Disability Act 2005; or (ii) against the failure of the HSE or an education service provider to implement a recommendation of a complaints officer.
The Office of the Disability Appeals Officer (ODAO) was created to support the DAO in the performance of his/her functions. It should be noted that the Disability Act does not create an office which exists independently of the person who holds office and, accordingly, the ODAO is not a corporate body. Since 2007, the ODAO has successfully supported the DAO in providing the appeals service envisaged under the Disability Act. From 2007 staff from the Department of Health were assigned to the ODAO to assist the DAO in the performance of her functions.
Following the decision in October 2008 to defer further roll-out of Part 2 of the Disability Act for other cohorts, it became apparent that the ODAO did not have the volume of work originally envisaged and by 2011 there was an insufficient quantum of work to justify a full-time DAO position. The former Disability Appeals Officer resigned her position with effect from 31/12/2011 and my Department has been in discussions with the Department of Public Expenditure and Reform regarding the filling of this post. As an interim measure, a Principal Officer on my Department’s staff has been designated to discharge the duties of the DAO and is independent in the performance of this function. This is a temporary measure only and a longer term arrangement will be put in place as soon as possible.
The provisions for parents wishing to make an appeal have not changed and appeals will continue to be determined in accordance with the provisions of the Disability Act.
