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Ombudsman publishes Four Case Reports

Date released: 18.08.2008

The Ombudsman, Emily O'Reilly has today published details on her website of four complaints she has successfully resolved. The Ombudsman periodically publishes case reports on her website in order to increase public awareness of the wide ranging work of her Office. These case reports will be of interest to the general public as well as public representatives and organisations who provide advice and support to people experiencing difficulties in their dealing with Public Bodies.

Commenting, the Ombudsman said:

"For the people involved in these complaints it is not simply the case that their grievances were pursued and that the sums of moneys involved meant a lot for each of them, but also the fact that in their situation the complaints process worked for them. The constructive engagement with my Office by the Department of Social and Family Affairs, the H.S.E and Sligo County Council in each case is to be welcomed and reflects their commitment to better standards of public service for their customers".

The four cases now being published relate to the following:

Case 1

A woman from County Dublin complained to the Ombudsman about a decision of the Department of Social and Family Affairs to refuse her a Carers Allowance, on the basis that her means exceeded the statutory limit. Arising from the 2006 budget, changes had been introduced to the Carers Allowance means test. The Ombudsman discovered that these changes had not been applied properly in the case of the complainant and she asked the Department to review the matter. This resulted in the award, to the woman, of a Carers Allowance of €147 per week with effect from March 2007 and the payment of arrears in excess of €6,100, backdated to April 2006.

Case 2

A 90 year old West Cork woman, whose only source of income was her Non-Contributory Old Age Pension, was refused a Nursing Home Subvention by the Health Service Executive (HSE), South. The reason for refusing the subvention was that, in assessing the woman's notional weekly income, the HSE applied a 5% notional income to the value of her principal private residence and a farm which she had transferred to her son within the previous five years. Using this formula the HSE arrived at a notional weekly income of €293.63 and this, coupled with the complainant's Non-Contributory Old Age Pension of €172.40 per week, brought her over the income limit for Nursing Home Subvention purposes. Having examined the relevant Regulations, the particular circumstances of the case and the way the HSE had made a discretionary decision, the Ombudsman formed the view that the complainant had not been fairly treated.

The HSE immediately reviewed the case and agreed to pay a subvention of €190.80 per week towards the cost of the complainant's private nursing home care. In addition, the HSE paid her approximately €5,000 which covered the period from when she first applied for the Nursing Home Subvention. Finally, the HSE agreed to include the complainant on its waiting list for the payment of an enhanced subvention.

Case 3

The Ombudsman received a complaint against the Health Service Executive: Dublin Mid-Leinster from the son of an elderly woman who had been admitted to Tullamore General Hospital (part of the Dublin Midlands Hospitals Group), through the Casualty Department, suffering from a chest infection. The woman, who lived in County Offaly, had previously suffered a stroke and had Parkinson's Disease, was normally cared for at home by her family. Her Consultant recommended that she avail of a period of convalescence prior to her returning home.

When the family sought to have their mother placed in the Birr Community Nursing Unit for two weeks convalescent care, they were refused by the Admissions and Discharges Committee. This Committee manages admissions and discharges to the Unit, and has responsibility for assessing all clients for residential care provided by the Health Service Executive (HSE). The family was unhappy with this decision, and complained to the Ombudsman that they were forced to obtain convalescent care for their mother in a private nursing home, even though she was a medical card holder, and there were two public respite beds available at that time.

Following a detailed examination of the matter the Ombudsman expressed some concerns about the way the decision was made and conveyed to the family in this case and about the lack of an appeals procedure for persons unhappy with such decisions.

The HSE agreed to refund the complainant the costs incurred for private nursing care, (€462) not covered by nursing home subvention. It also undertook to seek to improve some of the decision making procedures and to put an appeals structure in place.

Case 4

A man who had applied to Sligo County Council for a water connection complained to the Ombudsman. The complainant was resident in County Dublin but owned a house in County Sligo. The application was for the connection of the house to the public water mains. The Council proposed to charge him €2,783, which included amounts for the supervision of water connection, road re-instatement and insurance. It also included a "development charge" in the amount of €2,000. The complainant had offered to pay the costs of the other charges (totalling €783), but had objected to paying the €2,000 development charge. The Council claimed to the Ombudsman that it was entitled to make the charge under planning legislation. When the Ombudsman examined the relevant legislation she concluded that the Council did not have a valid legislative basis to make the charge in such a case. The Council accepted the Ombudsman's position and the charge was not applied. The Council also undertook not to apply such charges in any other similar cases.

 The full text of the for cases is available from; www.ombudsman Sample Cases

Further Information:

Tom Morgan at 01-639 5600 Fax 01-639 5674 e-mail: tom_morgan@ombudsman.gov.ie

For media inquiries contact:

Dave Glynn - Head of Communications Tel: 01 639 5714 email:david_glynn@ombudsman.gov.ie

The Ombudsman independently examines complaints about Government Departments and certain Public Bodies to help raise public service standards. Individuals, enterprises or organisations who feel they have been unfairly treated can lodge complaints to the Ombudsman. The service is free and impartial. The Ombudsman's aim is to ensure that people are treated with dignity, respect and sensitivity, in their dealings with the Public Service. We make every effort to deal with complaints in a proper, fair and understanding way.

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