Investigation of Complaints under the Disability Act 2005 for the Councils of Kilkenny County & City Councils.
Introduction
Under the Disability Act 2005 Kilkenny County & City Councils must make their buildings, services and information accessible to people with disabilities. Kilkenny County & City Councils has appointed an inquiry officer to investigate complaints made under section 38 of the Disability Act.
The inquiry officer for Kilkenny County & City Councils is Mr. Adrian Waldron Corporate Affairs Section, Kilkenny County Council, County Hall, John Street, Kilkenny.
What is a complaint under the Disability Act 2005?
Under Section 38 of the Disability Act 2005 you can make a complaint to Kilkenny County & City Council about:-
- Access to our public buildings
- Access to our services
- Accessibility of goods and services purchased by us
- Access to information we impart
- Access to Heritage sites (including heritage buildings or protected structures) we own, manage or control
How do I make a complaint?
You may make your complaint in writing by posting it to the office of the Director of Services Corporate Affairs, County Hall, John Street, Kilkenny or by faxing it to 056-7794080 or by emailing it to info@kilkennycoco.ie
If you have any questions regarding filling out your complaint or if you require assistance, please phone the inquiry officer at 056-7794484.
Who can make a complaint?
A person may make a complaint themselves or through a specified person.
A specified person is defined under the Disability Act as:-
- A spouse, a parent, or a relative
- A Guardian or a person acting “in loco parentis” to the complainant
- A legal representative of that person
- A personal advocate assigned by Comhairle to represent that person.
The complaint must state which section or sections of the Disability Act to which the complaint refers. The following are the relevant Sections
Section 25 -Access to our public buildings
Section 26-Access to our services
Section27-Accessibility of goods and services purchased by us
Section 28-Access to information we impart
Section 29-Access to Heritage sites (including heritage buildings or protected structures) we own, manage or control
What happens when a complaint is received?
- Following the receipt of a complaint by the Director of Services, he shall refer the matter to the inquiry officer.
- Receipt of complaint by the inquiry officer will be acknowledged as soon as possible but not later then 5 working days after he receives it.
- The first task of the inquiry officer will be to deem whether this is a valid complaint. This means:
-The complaint will be examined to establish if it relates to an alleged failure by Kilkenny County and City Council to comply with section 25, 26, 27,28 or 29 of the act.
If the complaint is invalid i.e. it does not relate to matters covered by the above sections, the inquiry officer will inform the complainant and give supporting reasons, and if possible, will advise regarding alternative avenues of redress.
-If the inquiry officer following consideration is of the opinion that the complaint is of a frivolous or vexatious nature, the complaint will not be accepted for investigation and the inquiry officer will notify the complainant of this termination in writing.
- If the complaint is deemed valid, the inquiry officer will commence the investigation.
What is the role of the inquiry officer in the investigative process?
- If further details/submissions are required from the complainant the inquiry officer will seek the information as soon as possible after receipt of a valid complaint.
- The inquiry officer will contact the senior official in the relevant department notifying them of the complaint and seeking a full report which must set out the position on the matter which is the subject of the complaint. This is in order to enable the inquiry officer to carry out an investigation of same. The report should cover all the points raised in the complaint and include any details of guidelines/codes of practice used.
- The inquiry officer may interview any relevant staff members regarding the complaint.
- Reports or information requested from relevant senior officials should be supplied to the inquiry officer within 3 weeks of being requested.
- Having considered all of the relevant information received, the inquiry officer shall prepare a preliminary report setting out his/her findings. The report should set out all the relevant details and will contain the preliminary opinion of the inquiry officer whether there has been a failure by Kilkenny County and City Councils to comply with the relevant section of the act.
- The preliminary report should also set out the steps which might have to be taken to ensure future compliance with the relevant section where a failure has been identified.
A copy of the preliminary report will be given to the senior official of the relevant department who has responsibility for the matter complained of and his/her response will be sought to the preliminary report. If there is a finding or criticism relating to a staff member in the report the staff member should be given an opportunity to consider the finding or criticism and respond.
- The Inquiry Officer having considered all relevant responses will then prepare a final report on the findings of the investigation together with the determination as to whether or not there has been a failure Kilkenny County and City Councils to comply with the relevant section of the act. The final report will also set out the steps taken to ensure future compliance with the relevant section, where a failure has been identified.
An inquiry officer shall be independent in the performance of his or her functions and in the course of his role reports only to the Director of Services, Corporate Affairs.
How will I hear about the outcome of my complaint?
When the investigation is finished the inquiry officer will send you a copy of the report into your complaint. A copy of the report will also be sent to the Director of Services. We will try to respond to you within 28 days. If it takes longer the inquiry officer will notify you stating the reasons for the delay and give you a new date for a response
- This final report will inform you
- the nature of your complaint
- how your complaint was investigated
- what was found out
- if your complaint was agreed with, parts were agreed with or not agreed with
- the next steps to be taken.
If you are not satisfied with how your complaint was dealt with following the complaints procedure the complainant has the right to appeal to the Ombudsman.
Ombudsman
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 an impartial, independent and free dispute resolution service.
Contact Details are as follows:
Office of the Ombudsman
18 Lower Leeson Street
Dublin 2
Tel: Lo-call 1890 22 30 30
Tel: 01 639 5600
Fax: 01 639 5674
Email:ombudsman@ombudsman.gov.ie
Web:www.ombudsman.ie
