Dáil Éireann Debate, Tuesday - 16 April 2013
1312. Deputy Denis Naughten asked the Minister for Health further to Parliamentary Question No. 196 of 26 September 2012, if he will provide an update on the current status of the office; and if he will make a statement on the matter. [17398/13]
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; and can 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. This remains the position.
The existing Disability Appeals Officer resigned her position with effect from 31st December 2011 and my Department has had 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 Disability Appeals Officer and is independent in the performance of this function. A longer term arrangement is being considered.
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. As part of its service, the ODAO operates a Lo-Call phone line. The Lo-Call line is monitored during normal business hours Monday- Friday.
