Dáil Éireann Debate, Thursday - 8 September 2022
1499. Deputy Bríd Smith asked the Minister for Health the way that any parent of a child who is failed by the State in the provision of needed services for their wellbeing may make a complaint or seek any redress under the Disability Act 2005; the way that parents should proceed in making such complaints or in seeking remedy; and if he will make a statement on the matter. [42007/22]
Amharc ar fhreagraThe Office of the Disability Appeals Officer provides a service for persons who wish to appeal:
- Against a finding or recommendation of a Complaints Officer of the Health Service Executive (HSE) made under the Disability Act 2005 (“The Act”) or
- Against the failure of the HSE or an Educational Service Provider (ESP) to implement a recommendation of a complaints officer.On receipt of an appeal the Disability Appeals Officer must determine that the appeal is valid and meets the statutory timeframes laid out in the Act. The Disability Appeals Officer must also consider and determine requests for an extension of time frames as provided for in the Act. Following this the Disability Appeals Officer must confirm the validity or otherwise of the appeal.Once an appeal is deemed valid, the Disability Appeals Officer then commences an investigation into the appeal. This will consist of writing to the relevant disability manager in any of the Community Healthcare Organisations and requesting whatever information is deemed necessary to consider the appeal. The Disability Appeals Officer is required to set specific timelines for the receipt of information.An appeal can also be dealt with by way of mediation if this is deemed appropriate.The Act also provides for the holding of an oral hearing in appropriate cases. The Disability Appeals Officer presides over such hearings.Once the Disability Appeals Officer has received the information and any relevant evidence and allowed all parties to respond to any information received a written determination is then issued to all parties. Determinations must be consistent with the provisions of the Act.The determinations of the Disability Appeals Officer can be appealed to the High Court on a point of law.
