How to make a complaint under the Disability Act 2005
All complaints under section 38 of the act are to be made in writing and forwarded to the Inquiry Officer, Clare County Council, 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 Enquiry Officer has responsibility to respond to all complaints made in writing in relation to the failure of Clare County Council to comply with Sections 25,26,27,28 & 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 time frame 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 a complaint form is available below along with a useful checklist of the information that is needed to assist the Inquiry Officer with investigating and responding to complaints.
If you need any assistance with completing this form please do not hesitate to contact the Inquiry Officer at (065) 6846253 or any member of staff. Completed forms are to be forwarded to:
Clare County Council,
Áras Contae an Chláir,
Telephone: (065) 6846407
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 email 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 / section of Clare County Council did you deal with – example planning/ housing/ human resources / 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 County Council propose to do to rectify the situation and within what time frame.
If not satisfied with the response your complaint can be forwarded for an internal review to:
SEO Management and Corporate Services,
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 Ann will examine the complaint afresh.
The response will confirm that there is or isn't a valid complaint, what Clare County Council propose to do to rectify the situation and within what time frame. There are no fees.
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,
Tel (01) 6395600, Lo-call 1890 223030 (for callers outside of the Dublin area)
Fax (01) 6395674
Complaints Form - section 38 Disability Act 2005
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