Complaint under Disability Act 2005
All complaints under section 38 are to be made in writing and forwarded to the Inquiry Officer, Áras Contae an Chláir, New Road, Ennis, Co. Clare. The role of the access officer is to provide assistance and guidance to persons with disabilities in accessing local authority services. The inquiry officer has responsibility to respond to all complaints made in writing in relation to the failure of Clare Local Authorities to comply with Sections 25, 26, 27, 28 and 29 of the Act.
A procedure for dealing with any such complaints is detailed below and mirrors the existing complaints policy of the customer care programme in terms of timeframe in responding to complaints, availability of an internal review and ombudsman details. All complaints under section 38 must be in writing.
To assist you in making a complaint in writing a useful checklist of the information that is needed to assist the Inquiry Officer with investigating and responding to complaints is detailed below.
If you need any assistance with compiling your complaint please do not hesitate the Inquiry Officer at (065) 6846475 or any member of staff. Completed forms are to be forwarded to:
Clare County Council,
Áras Contae an Chláir,
Telephone: (065) 6846475
Fax: (065) 6828233
Complaints procedure under section 38 Disability Act 2005
All complaints to be submitted in writing, to the Inquiry Officer, Clare County Council, Ennis.
Complaint should include the following information:
- Name, address, contact telephone number and e-mail address (if available).
- Whether you were looking for access to information, service or a public building or public place?
- Were you seeking access for yourself or on behalf of someone else?
- What location/ department of Clare Local Authorities did you deal with – example planning/ amenity area / library?
- When and with whom did you meet? Date, staff name.
- What were you looking for? Details
- How and why was the service/ information / public place or building inaccessible to you or the person you are complaining on behalf for?
- What was the response of the person(s) you were dealing with?Were any commitments made to you that the service, information, public building or public place would be made accessible in a future date? Details
- Why are you dissatisfied with the response, commitments?
All written complaints under Section 38 of the Disability Act will be acknowledged within 5 working days
Response to issue within 21 working days – advise complainant or person acting on behalf of that person if it will take longer.
The response will confirm that there is or isn't a valid complaint, what Clare Local Authorities propose to do to rectify the situation and within what timeframe.
If your are not satisfied with the response your complaint can be forwarded for an internal review to:
Senior Executive Officer,
Áras Contae an Chláir,
Receipt of request for internal review to be acknowledged within 3 working days, response to issue within 14 working days during which Michael will examine the complaint afresh.
The response will confirm that there is or isn't a valid complaint, what Clare Local Authorities propose to do to rectify the situation and within what timeframe. There are no fees.
How to contact the office of the Ombudsman
If you are not satisfied with our final response, you can contact the Ombudsman.
The office of the Ombudsman was set up to examine complaints from members of the public who feel that they have been unfairly treated in their dealings with bodies such as governments, local authorities and health boards. If you feel that you have been unfairly treated or are not satisfied with our decision on your complaint, it is open to you to contact the office of the Ombudsman. By law the Ombudsman can investigate complaints about any of our administrative actions or procedures as well as delays or inaction in your dealings with us. The Ombudsman provides a free, impartial and independent dispute resolution service.
The Ombudsman may be contacted at:
Office of the Ombudsman,
18 Lower Leeson Street,
Telephone: (01) 6395600, Lo-call 1890 223030 (for callers outside of the Dublin area)
Fax: (01) 6395674
Content Last Updated/Reviewed: 10/03/16