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Ombudsman Publishes Case Reports

Date released: 10.01.2008

The Ombudsman, Emily O'Reilly has today published details on her website of three complaints she has successfully resolved. The Ombudsman periodically publishes case reports on her website in order to further increase public awareness of the wide ranging work of her Office. These case reports will be of interest to public representatives and organisations which provide advice and support to the general public and will encourage them to bring the services of the Office of the Ombudsman to the attention of members of the public who need them.

The three cases now being published relate to the following:

A County Meath pensioner received backdated pension arrears of over €18,000 following a complaint to the Ombudsman. The man complained about the decision of the Department of Social and Family Affairs to award him a reduced pension (75% rate) due to an outstanding unpaid liability for self employed insurance from 1988 to the date on which he qualified for a State Pension (Contributory). Having examined the Department's file, the Ombudsman did not find a basis to question the Department's decision. However, she noticed from the file that there were gaps in the complainant's social insurance record in the late 1960s. She got additional information from the complainant about his employment record at the time and then asked the Department to investigate whether replacement social insurance contributions were due to him. It turned out that he was due replacement contributions and this resulted in the payment of backdated pension arrears in excess of €18,000 to the man.

A farmer from County Meath will be €60,000 better off as a result of the Ombudsman's intervention in his complaint against the then Department of Agriculture and Food about his application to be accepted as a New Entrant for the Single Farm Payment scheme. In doing so, he asked the Department to exclude the reference years 2000 and 2001 as he would have gained financially if those years were not used for calculating his entitlements.

The Department declined to exclude the reference years in question as it deemed the applicant to be engaged in "farming activity" during the period but the Ombudsman concluded that the Department had erred in its decision. As a result, the Department agreed to accept him as a New Entrant and excluded the years 2000-2001. The financial difference was very significant. He was granted an annual entitlement of €10,000 for the duration of the scheme (2005-2112). Provided he stays farming, the Ombudsman's intervention will mean a difference of approximately €60,000 to him over the period in question.

A fall of snow was the critical factor in the Ombudsman deciding that a complainant should not have been fined for parking on a yellow box in a car park. The complainant's car was ticketed in a Castlebar Town Council car park. She appealed the decision to the Council but was not successful. The complainant acknowledged that she may not have been parked in a designated parking space but maintained that on the day in question it was snowing and when she arrived at the car park the ground was covered with snow and there was no way of knowing the exact location of the designated parking spaces. Following the Ombudsman's examination of the facts she concluded that a refund should be granted and the Council agreed.

The full text of the three cases is available on the Sample Cases page on this website.

Further Information: Tom Morgan at 01-6395600, Fax 01-6395674, e-mail: tom_morgan@ombudsman.gov.ie

Note for Editors:

The Ombudsman - A Brief Guide

What is the Ombudsman's Role?

The Ombudsman investigates complaints from members of the public who feel they have been unfairly treated by certain public bodies. Her Office is impartial and completely independent of Government. If she finds a complaint justified she may recommend appropriate redress.

What Can the Ombudsman Do?

The Ombudsman has extensive powers in law. She can demand any information, document or file from a body complained of and can require any official to give information about a complaint. She can look into all administrative actions including:

• decisions
• refusal or failure to act
• administrative procedures

Who Can Complain and How?

Any individual, public representative, company, or organisation can make a complaint. Complaints can be made in writing, by telephone, fax or email, or by calling to the Ombudsman's Office.

Which Public Bodies are Subject to Investigation?

• Government Departments and Offices
• Local Authorities (County Councils, City Councils etc.)
• Health Service Executive
• An Post

When Should You Complain?

Before you contact the Ombudsman you must first try and solve your problem with the public body concerned. If you fail to resolve your problem and feel that the public body has not treated you fairly, contact the Ombudsman. When making a complaint try to give as much information as possible including any copies of letters and reference numbers.

What Will it Cost?

Nothing. There is no charge for dealing with complaints.

How Will the Ombudsman Deal With Your Complaint?

The Ombudsman's staff will screen the complaint to see if it falls within her remit and whether there is a basis to take it up with the public body. In the majority of cases complaints are resolved satisfactorily in a very informal way, for example, by discussing the problem with the public body or by examining the relevant files. In the more complex cases a formal investigation may be required.

If the Ombudsman finds that your complaint is wholly or partially justified, she will report this to the public body concerned. She may recommend that it should review its action, change its decision, or offer some form of appropriate redress.

Will the Recommendation of the Ombudsman be Accepted?

The Ombudsman has no power to force a body to accept or act upon her recommendation. If it does not, she may find it necessary to report on the matter to the Houses of the Oireachtas.

Are There Areas That the Ombudsman Cannot Investigate?

Yes, she cannot investigate:

• the actions of private companies or individuals, private practitioners, dentists, opticians, pharmacists, etc.;
• actions taken in connection with clinical judgement by doctors;
• the "reserved functions of Local Authorities", for example, those functions exercised by elected members of local authorities;
• complaints relating to recruitment, pay and conditions of employment;
• court decisions, matters which are already the subject of court proceedings, the actions of the Gardaí or actions taken in the running of the prisons;
• where there is a right of an appeal to an independent tribunal or appeal body such as the Appeal Commissioners of Income Tax.

The Ombudsman and the Disability Act 2005

The Disability Act 2005, which became law on 8 July 2005, imposes significant obligations on Government Departments and on Public Bodies to work proactively towards the improvement of the quality of life of people with disabilities.

The Act also gave the Ombudsman new powers to investigate complaints about compliance by public bodies and others with Part 3 of the Act (i.e. accessibility of buildings, information and services).

The Ombudsman does not have any role in relation to other Parts of the Disability Act, 2005 (for example, assessment of needs [Part 2] or public service employment [Part 5] ). The Act contains separate complaints and/or monitoring arrangements for these.

List of Special Reports on Systemic Issues Published by the Office of the Ombudsman

• Non-Payment of Arrears of Contributory Pensions March 1997
• Provision of School Transport for a Child with Disabilities February 1998
• Lost Pension Arrears June 1999
• Local Authority Housing Loans - Overpayments June 2000
• Payment of Nursing Home Subventions by Health Boards January 2001
• Tax Relief for Passengers with Disabilities August 2001
• Redress for Taxpayers November 2002
• Care of a Patient at Sligo General Hospital July 2005
• Delay by a Former Health Board in Calculating
• Superannuation Contributions February 2006
• Complaints Against the Public Health Service May 2006
• Complaint About an Application to Foster Three Sibling Children June 2007
• Complaint Handling in Kildare County Council June 2007
• Complaints against the General Register Office - a Report by the Ombudsman September 2007

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