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The Ombudsman and the Disability Act 2005

Making a Complaint to the Ombudsman

When should I complain to the Ombudsman?

Before you complain to the Ombudsman you must first put your case to the public body concerned and allow it time to investigate the matter.

• If you want to complain about accessibility, you must complain directly to the public body concerned. An inquiry officer appointed by the public body will investigate your complaint and decide if the body is complying with the relevant part of the Act.
• If you want to complain about the requirements in a sectoral plan, you must use the complaints procedures set out in the relevant plan. A complaints officer appointed under the plan will consider this type of complaint and decide if the public body or other person is complying with the requirements in the sectoral plan.

If you fail to resolve your complaint with the public body directly, you can ask the Ombudsman to investigate the matter.

Who can make a complaint to the Ombudsman?

Anyone, including public representatives, companies or organisations, can complain to the Ombudsman. However, only people specified in the Disability Act 2005 may complain to the public body concerned (for example the person with a disability or their spouse, parent, legal representative or personal advocate).

What can the Ombudsman do?

Once we establish that we can examine your complaint, we will ask the public body or other person to send us a report. If necessary, the Ombudsman may also examine the files and records and may question people involved with the complaint. It can take time to gather the information that we need.

Following the Ombudsman’s investigation of a complaint, she may conclude that a public body or other person has failed to comply with a provision of Part 3 of the Disability Act 2005 or a sectoral plan. She may decide this failure has adversely affected the person making the complaint (or on whose behalf the complaint was made) or any other person. If she does, she may recommend that the public body or other person (in the case of a sectoral plan):

• further considers the matter that led to the complaint
• takes action to remedy the complaint
• reduces or changes the action that led to the complaint or
• tells her why it took the action.

If the Ombudsman thinks it is appropriate, she may ask the head of the public body or other person (in the case of a sectoral plan) to let her know their response to her recommendation.

How long will it take for the Ombudsman to investigate a complaint?

The time taken to reach a decision will vary from case to case. For example, it can take time if the Ombudsman needs to get more information or meet officials from the organisation. We will always try to keep you informed of what is happening.

What will it cost?

Nothing - there is no charge for the services of the Ombudsman.

How do I complain to the Ombudsman?

You can write or call to:

The Office of the Ombudsman
18 Lower Leeson Street
Dublin 2.

Phone: LoCall 1890 22 30 30
Fax: 01 639 5674

Email: ombudsman@ombudsman.gov.ie
Online Complaint Form: www.ombudsman.ie

Can someone else complain on my behalf to the Ombudsman?

Yes, but only if you give them permission to do so. If you want to complain on behalf of someone else, you must get their permission first.

Accessible services

If you have a disability and need help to use the services of the Ombudsman, contact us to arrange to speak to our Access Officer.

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