- 1. What the Ombudsman does and how you can complain to us
- 2. Which Ombudsman deals with which complaint?
- 3. The Ombudsman and complaints about health and social care services
- 4. The Ombudsman and complaints about education services
- 5. The Ombudsman and complaints about local authorities
- 6. The Ombudsman and complaints about social welfare services
- 7. The Ombudsman and complaints about public hospitals
- 8. The Ombudsman and complaints about private nursing homes
- 9. The Ombudsman and complaints about the direct provision system
- 10. The Ombudsman and the Disability Act 2005
- 11. The Ombudsman and complaints about the Legal Services Regulatory Authority
Here are factsheets the Ombudsman has published about our services and complaints concerning various service providers.
This factsheet tells you what the Ombudsman does, what you can and cannot complain about and how to complain.
What does the Ombudsman do?
The Ombudsman examines complaints from people who feel they have been unfairly treated by certain public service providers.
What public service providers can I complain about?
We accept complaints about public service providers including:
- government departments and offices such as the Department of Social Protection or the Revenue Commissioners
- local authorities
- the Health Service Executive (HSE)
- agencies, such as charities and voluntary bodies, that deliver health and social services on behalf of the HSE
- publicly funded third-level educational bodies
- public and private nursing homes
- Direct Provision centres
When should I complain to the Ombudsman?
Before you complain to the Ombudsman, you must first complain to the service provider whose action or decision has affected you. In some cases there will be a local appeals system which you should use.
If you have complained to the service provider and are still unhappy, then you can contact the Ombudsman.
You should submit your complaint within 12 months of the action or decision that has adversely affected you. However, even if more than 12 months has passed, we may still be able to help if there is a good reason for the delay.
What can I complain to the Ombudsman about?
The Ombudsman can examine complaints about:
- decisions you consider to be unfair and that affect you in a negative way
- a failure to give you clear reasons for decisions
- a failure to communicate with you on time
- providing you with incorrect, inaccurate or misleading information and
- a failure to deal properly with your complaints
What service providers can I not complain about?
You cannot complain to the Ombudsman about:
- An Garda Síochána
- An Post
- gas, electricity or other utility providers
- banks or financial institutions
- insurance companies or
- telecommunications providers like Eir or Vodafone
What can I not complain about?
You cannot make a complaint if it relates to:
- a decision by, or on behalf of, the HSE or private nursing homes in relation to clinical judgement (such as the diagnosis or treatment of a patient)
- 'reserved functions' of local authorities, which are activities that can be carried out only by elected members of a county council or municipal district members
- recruitment or terms and conditions of employment
- how prisons are run
- an action that was taken to protect national security
You cannot complain to the Ombudsman if you can appeal a decision in the courts or with an independent appeals body.
Also, unless the circumstances are exceptional, the Ombudsman cannot examine your complaint if you have started legal proceedings against the service provider about the same complaint.
You can get legal advice about your complaint and still bring it to the Ombudsman -- as long as you don't actually start legal proceedings. Call or email us if you are not sure.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them written permission to do so. Similarly, if you want to complain on behalf of someone else, you must first get their written permission.
Do I need to include anything with my complaint?
Yes. You should include copies of any letters, emails, reports and details of other communications between you and the service provider.
When you make your complaint, you should explain why you are unhappy and what you feel should be done to put things right.
How will the Ombudsman deal with my complaint?
If we can examine your complaint, we will ask you to give us all the information about it. We usually ask the public service provider to send us information about the issues involved. It can take time to gather the information that we need before we can make a decision on your complaint.
How long will it take the Ombudsman to deal with my complaint?
It will depend on your individual complaint. We will try to complete the examination of your case within three to six months. If your case is more complicated, it may take us longer. However, we will keep you informed as to what is happening with your complaint.
Is the Ombudsman independent?
Yes. The Ombudsman deals with all complaints independently and impartially when deciding whether the action or decision of the service provider was fair or reasonable.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
People often contact us about organisations or issues that we cannot help with. The following organisations may be able to advise you on how to take your complaint forward.
Financial Services and Pensions Ombudsman (FSPO)
The offices of the Financial Services and Pensions Ombudsman were merged in 2017 to form the FSPO. The FSPO was established by the Financial Services and Pensions Ombudsman Act 2017. It is an independent office that helps resolve complaints with pension providers and regulated financial services providers.
Ombudsman for Children
The main purpose of the Ombudsman for Children is to safeguard and promote the rights and interests of children and young people under the age of 18. The Ombudsman for Children Act 2002 describes in detail what the Ombudsman can do.
Ombudsman for the Defence Forces
The Ombudsman for the Defence Forces examines complaints made by serving or former members of the Defence Forces, about actions taken by serving or former members of the Defence Forces or civil servants, where there is a negative effect.
Garda Síochána Ombudsman Commission
The Garda Síochána Ombudsman Commission is an independent legal agency responsible for receiving and dealing with all complaints made by members of the public about the conduct of members of the Garda Síochána.
Agriculture Appeals Office
The Agriculture Appeals Office is an independent, statutory body that provides an appeals service to farmers if they are unhappy with decisions made by the Department of Agriculture and Food about applications for grant aid.
Tax Appeals Commission
The Tax Appeals Commission are responsible for carrying out the legal duties assigned under the Taxes Consolidation Act 1997 and related legislation, mostly hearing appeals by taxpayers against decisions of the Revenue Commissioners concerning taxes and duties.
An Bord Pleanála
An Bord Pleanála is an independent legal body that, among other things, deals with appeals against local authorities about decisions to grant or refuse planning permission. Decisions of An Bord Pleanála cannot be examined by the Ombudsman.
Social Welfare Appeals Office
The Social Welfare Appeals Office operates independently of the Department of Social and Family Affairs and the Social Welfare Services Office. It is headed by the Chief Appeals Officer, who is also Director of the Office. If you disagree with the decision of the Deciding Officer of the Social Welfare Services concerning your entitlements, you can appeal it to the Social Welfare Appeals Office.
An Coimisinéir Teanga
An Coimisinéir Teanga is an independent legal office holder who monitors whether public bodies have abided by the requirements of the Official Languages Act 2003 and examines complaints in relation to non-compliance.
Data Protection Commissioner
The Data Protection Commissioner is an independent statutory office holder whose primary function is to protect the rights of individuals in relation to personal data kept about them, whether on computer or in manual systems.
Commission for Communications Regulation (ComReg)
Commission for Communications Regulation (ComReg) is the legal body responsible for regulating the electronic communications sector (telecommunications, radiocommunications and broadcasting transmission) and the postal sector. Under the terms of the Communications Regulation (Postal Services) Act 2011, legal responsibility for examining complaints about An Post postal services was removed from the Office of the Ombudsman with effect from 2 August 2011. Under the Act, responsibility for examining complaints about postal services was transferred to ComReg.
Commission for Regulation of Utilities (CRU)
Commission for Regulation of Utilities (CRU) is Ireland’s independent energy and water regulator. It was previously known as the Commission for Energy Regulation. CRU has a wide range of economic, customer protection and safety responsibilities in energy and water. Its mission is to regulate water, energy and energy safety in the public interest.
Health Information and Quality Authority (HIQA)
Health Information and Quality Authority (HIQA) is an independent authority responsible for quality, safety and accountability in residential services for children, older people and people with disabilities in Ireland. It is responsible for advancing improvements in the quality and safety of healthcare on behalf of patients. HIQA develops standards, monitors compliance with standards and carries out investigations where there are reasonable grounds to do so.
Office of the Information Commissioner Ireland
Subject to the Freedom of Information Acts 1997 and 2003, the Office of the Information Commissioner Ireland may conduct reviews of decisions by public bodies about requests for access to information. They may also carry out investigations at any time into the practices and procedures adopted by public bodies to abide by the Freedom of Information Acts.
Standards in Public Office Commission
The Standards in Public Office Commission oversees compliance with the Ethics Acts insofar as they apply to office holders (e.g. the Taoiseach, Ministers and Ministers of State), the Attorney General, Ministerial special advisers, senior civil servants, and directors and executives of specified public bodies. The role of the Standards Commission was extended by the Electoral Acts, which give the Standards Commission a monitoring role in relation to limits on and disclosure of political donations, limiting of election expenditure, public funding of qualified political parties, reimbursement of expenses incurred by certain election candidates and registration of third parties.
Citizens Information
Citizens Information provides information on public services and rights in Ireland. It is supported by the Citizens Information Board.
The Competition and Consumer Protection Commission (CCPC)
The The Competition and Consumer Protection Commission (CCPC) is an independent legal body with a dual mandate to enforce competition and consumer protection law in Ireland. Its mission is to make markets work better for consumers and businesses. The CCPC was established on 31 October 2014 after the National Consumer Agency and the Competition Authority were merged.
The Ombudsman Association
The The Ombudsman Association is an association of ombudsmen and other organisations from the United Kingdom and the Republic of Ireland. Its aims include encouraging, developing and safeguarding the role and title of Ombudsman in both the public and private sectors.
The European Ombudsman
The The European Ombudsman was established in 1992 by the Maastricht Treaty to handle complaints about maladministration by the institutions and bodies of the European Union. The role of the European Ombudsman is to safeguard the fundamental rights of citizens living in Europe by ensuring open and accountable administrations within the European Union.
International Ombudsman Institute
The International Ombudsman Institute’s aims include promoting the concept of Ombudsman and encouraging its development throughout the world. The organisation maintains a useful page of links listing its international members.
What does the Ombudsman do?
The Ombudsman investigates complaints from people who feel they have been unfairly treated by certain providers of public services, including:
- The Health Service Executive (HSE)
- The Child and Family Agency (TUSLA)
- Agencies delivering health and social services on behalf of the HSE. These agencies can include charitable organisations and voluntary bodies.
- Public nursing homes run by the HSE
- Private nursing homes.
Is the Ombudsman independent?
Yes. The Ombudsman is independent of government. The Ombudsman deals with all complaints impartially when deciding if the action or decision of the public service provider was fair or reasonable.
What health and social care services can I complain to the Ombudsman about?
You can complain about any of the following:
- the refusal to award a benefit or service such as a Medical Card, Home Help Package or assistance under the Nursing Home Support Scheme
- failure to follow procedures
- failure to communicate clearly
- failure to provide a promised service
- unfair decisions
- misleading advice
- rude or unhelpful staff
- failure to deal fairly with your complaint.
How will the Ombudsman deal with my complaint?
If we can investigate your complaint, we will ask you to give us all the information about it. We usually ask the public service provider to send us information about the issues involved. It can take time to gather the information that we need before we can make a decision on your complaint.
We will then decide whether:
- your complaint is justified
- you have suffered due to the action or decision of the HSE, or a public health or social care provider.
We may then recommend that the public service provider:
- review what it has done
- change its decision and/or
- offer an appropriate remedy, which can include an explanation or an apology.
Can I complain to the Ombudsman about anything relating to health and social care services?
No, there are some things the Ombudsman cannot investigate. These include:
- the actions of private practitioners such as dentists, opticians and pharmacists or complaints relating to private health care
- actions taken in relation to the clinical judgement (diagnoses or decisions about treatment) of medical professionals.
The Ombudsman cannot investigate complaints relating to employment, including:
- recruitment
- pay and conditions of employment
- employment or other contracts.
In addition, the Ombudsman cannot investigate complaints where:
- there is a statutory right of appeal to a court, to an independent tribunal or an independent appeal body (the Ombudsman can sometimes set aside this rule)
- the complaint is, or has been, the subject of legal proceedings before the courts or
- the complaint is more appropriate to another regulatory body (for example CORU - Regulator of health & social care professionals, the Nursing and Midwifery Board of Ireland, the Medical Council).
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you must first complain to the HSE or service provider using the HSE or service provider's complaints procedure.
The HSE and its service providers have appointed Complaints Officers who will examine your complaint and give you a written response within a stated period. A Complaints Officer will also advise you of your right to seek an internal review of your complaint by a HSE Review Officer or to complain directly to the Ombudsman.
Please remember to include any letters or other correspondence between you and the HSE or service provider concerned.
You should submit your complaint to the Ombudsman within 12 months of the action or decision that has adversely affected you. However, even if more than 12 months has passed, we may still be able to help if there is a good reason for the delay.
How long will it take the Ombudsman to deal with my complaint?
It will depend on your individual complaint. We will try to complete the investigation of your case within three to six months. If your case is more complicated, it may take us longer. We will keep you informed as to what is happening with your complaint.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
How do I complain to the Ombudsman?
The best way to make a complaint to the Ombudsman is through our website: www.ombudsman.ie.
You can also write to:
- The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773
- Or call us at (01) 639 5600.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so.
If you want to complain on behalf of someone else, you must get their permission first. We will contact them to make sure they are happy for you to act on their behalf.
Accessible Services
If you have a disability and need help to use the services of the Ombudsman, our Access Officer can be contacted by email at accessofficer@ombudsman.ie or by telephone at (01) 639 5635.
The Ombudsman and complaints about health and social care services
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This factsheet tells you what you can do if you have a complaint about a publicly funded education body.
What can the Ombudsman do?
The Ombudsman examines complaints from the public about certain actions of providers of public services including those in the education sector such as:
- universities
- technological universities
- education and training boards
- the State Examinations Commission, including the Reasonable Accommodations at the Certified Examinations (RACE) scheme
- the Higher Education Access Route (HEAR) and the Disability Access Route to Education (DARE) schemes and
- Student Universal Support Ireland (SUSI)
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you must first complain to the provider of the education service, for example, the university or college whose action or decision has affected you. In some cases there will be a local appeals system which you should use.
If you have complained to the education service provider and are still unhappy, then you can contact the Ombudsman.
You should submit your complaint within 12 months of the action or decision that has adversely affected you. However, even if more than 12 months has passed, we may still be able to help if there is a good reason for the delay.
What can I complain to the Ombudsman about?
The Ombudsman can examine complaints about:
- decisions you consider to be unfair and that affect you in a negative way
- a failure to give you clear reasons for decisions
- a failure to communicate with you on time
- providing you with incorrect, inaccurate or misleading information and
- a failure to deal properly with your complaint
The Ombudsman cannot examine complaints about:
- primary or second level schools, but we may be able to examine the actions of a board of management
- private schools and colleges and
- academic judgement
Also, unless the circumstances are exceptional, the Ombudsman cannot examine your complaint if you have started legal proceedings against the education service provider about the same complaint.
You can get legal advice about your complaint and still bring it to the Ombudsman - as long as you don't actually start legal proceedings. Call or email us if you are not sure.
I'm not happy with the result I got in my exams. If I complain will the Ombudsman conduct a recheck?
No. The Ombudsman does not re-mark exam scripts or evaluate matters of academic judgement.
The Ombudsman can examine complaints about
- the fairness of the process through which students are assessed and graded
- whether examiners followed a fair and sound process to determine your mark and
- whether your mark meets marking scheme requirements
How will the Ombudsman deal with my complaint?
If we can examine your complaint, we will ask you to give us all the information about it. We usually ask the education service provider to send us information about the issues involved. It can take time to gather the information that we need before we can make a decision on your complaint.
How long will it take the Ombudsman to deal with my complaint?
It will depend on your individual complaint. We will try to complete the examination of your case within three to six months. If your case is more complicated, it might take us longer. However, we will keep you informed as to what is happening with your complaint.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them written permission to do so. Similarly, if you want to complain on behalf of someone else, you must first get their written permission.
Do I need to include anything with my complaint?
Yes. You should include copies of any letters, emails, reports and details of other communications between you and the education service provider.
When making a complaint to the Ombudsman you should set out the reason(s) why you are unhappy and what you feel should be done to put things right.
Is the Ombudsman independent?
Yes. The Ombudsman deals with all complaints independently and impartially when deciding whether the action or decision of the education service provider was fair or reasonable.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.What if the complaint relates to a child or person under 18 years?
What if the complaint relates to a child or person under 18 years?
If the complaint relates to a child or person under 18 years who has been adversely affected by an action, or inaction of an education body, you should complain to the Ombudsman for Children's Office (OCO).
If you are unsure - for example, the complaint might relate to a person who is now over 18 but who was under 18 at the time the issue arose - contact either the Office of the Ombudsman or the OCO for advice.
What does the Ombudsman do?
The Ombudsman can examine complaints about the actions of a range of public bodies, including local authorities.
Local authorities are:
- County councils, for example, Galway County Council or South Dublin County Council
- City councils, for example Dublin City Council or Cork City Council
The Ombudsman can examine complaints about how local authorities carry out their everyday executive and administrative activities. These include complaints about delays or failing to take action.
Before you complain to the Ombudsman you must try to resolve your problem with the local authority concerned. Many local authorities have internal complaints and appeals systems and you should ask to appeal your case. If you are not happy with the outcome, you can contact the Ombudsman.
The Ombudsman cannot examine:
- a decision to grant or refuse planning permission (see Planning below)
- decisions and activities called ‘reserved functions’.
Reserved Functions
Only elected members of a local authority may carry out reserved functions.
Examples of these functions include:
- striking a rate
- making or changing a development plan
- making or revoking bye-laws.
If you are not sure whether an action or a decision is an executive or reserved function, contact us and we can let you know.
The Ombudsman cannot examine:
- actions or decisions that occurred more than 12 months before you complain to the Ombudsman
- issues that are the subject of legal proceedings through the courts.
However, in special circumstances the Ombudsman can set aside these rules.
Is the Ombudsman independent?
Yes. The Ombudsman deals with all complaints independently and impartially when judging whether the action or decision of a local authority was fair and reasonable.
What can I complain to the Ombudsman about?
You can complain about any of the following:
Housing
This includes:
- allocations
- transfers
- loans
- grants
- repairs (some repairs are the responsibility of the tenant – See your ‘Tenant’s Handbook’)
- sales
- rents
- failure to provide Traveller accommodation
- homelessness
Roads
This includes:
- road maintenance
Planning / Development
This includes:
- handling planning applications
- planning enforcement
- preservation
Environmental issues
This includes:
- litter
- pollution
- control of dogs
- coastal erosion and protection
- fire and emergency services
Recreation and amenity
This includes:
- swimming pools
- parks
- libraries
Other areas of complaint
These might include:
- disposal of land
- provision of animal pounds
- the register of voters
- burial grounds
- derelict sites
What are the main areas of complaint about local authorities?
Most complaints to the Ombudsman about local authorities concern housing and planning, particularly the enforcement of planning decisions. (See Housing and Planning below).
How will the Ombudsman deal with my complaint?
Once we establish that we can examine your complaint, we will ask the local authority to send us a report. If necessary, the Ombudsman may also examine the files and records and may question people involved with the complaint. It can take time to gather the information that we need.
We will examine all the issues of maladministration. ‘Maladministration’ includes an action that was or might have been:
- taken without proper authority
- taken on irrelevant grounds
- the result of negligence or carelessness
- based on incorrect or incomplete information
- improperly discriminatory
- based on an undesirable administrative practice
- otherwise contrary to fair or sound administration
- where the local authority has failed to give reasonable assistance and guidance, or failed to provide information on a person’s right of appeal or review.
We will decide whether:
- your complaint is justified
- you have suffered due to the action or decision of the local authority.
If we find that you have suffered due to maladministration, and if the local authority has not taken steps to remedy this, we may recommend it does so. In our recommendation, we may ask the local authority to:
- review what it has done
- change its decision
- offer an appropriate remedy, including an explanation, an apology and/or financial compensation.
Planning
Can the Ombudsman examine a decision to grant or refuse planning permission?
No.
If you are unhappy with the decision of a local authority to grant or refuse a planning permission, there are two options open to you.
1. You may appeal it to An Bord Pleanála, an independent statutory body outside the Ombudsman’s jurisdiction. Conditions and strict time limits apply.
2. You may seek a judicial review in the courts. Time limits also apply and you may wish to consult a legal adviser.
What can the Ombudsman examine about planning?
The Ombudsman can examine the general running of the planning process, as outlined below, but cannot examine planning decisions made by the local authority or An Bord Pleanála.
New planning applications
The Ombudsman can examine complaints about:
- how the local authority handles new planning applications, for example whether it has given accurate information to the public about new planning applications it has received (or not received)
- site notices, including content, location and legibility (whether they can be read).
Third party submissions
The Ombudsman can examine complaints about how the local authority deals with submissions and observations by those who want to object to or comment on a planning application. This includes examining whether the local authority informed objectors about the:
- outcome of a planning application
- time limits for appeal.
Planning files
The Ombudsman can examine complaints about the maintenance of planning files, including:
- how the local authority made planning applications or files available for inspection by the public
- whether the local authority charged too much for copies of planning documents.
Unauthorised developments
The Ombudsman can examine how the local authority responded to a complaint to it from a member of the public about an unauthorised development. This includes examining:
- whether or not the local authority responded appropriately and in line with the relevant law and guidelines
- whether any decision or action taken by the local authority not to take enforcement action was reasonable.
Any decision or action taken by a local authority in relation to an unauthorised development which seeks to enforce planning law is known as enforcement.
Enforcement
Local authority powers and duties
Under the Planning & Development Act 2000 (the Act), local authorities have certain powers and obligations.
Warning letter
Local authorities must issue a ‘warning letter’ within six weeks of receiving a written complaint about an unauthorised development. However, this does not apply if it appears that the complaint is frivolous, vexatious or without substance, or the development is minor.
Investigation
Local authorities must:
- investigate the alleged unauthorised development
- consider the complaint and any submissions made about it
- make a decision as to whether to issue an ‘enforcement notice’.
The objective is that the local authority makes its decision within 12 weeks of issuing the warning letter.
Enforcement notice
If the local authority decides to issue an enforcement notice, it must then serve that notice and tell the person making that complaint that it has done so.
Local authority chooses whether to take action
A local authority is not obliged by law to take action in every case. Under the Act, it can, having investigated a complaint, decide whether or not to take enforcement action in the case of a breach of planning legislation. If a complaint has been made to the Ombudsman about a decision by a local authority not to take enforcement action, the Ombudsman’s role is to assess whether the local authority acted reasonably.
Where do I go if I need general information or technical advice on a planning matter?
If you need general information, technical advice or guidance on a planning matter, you should contact your local authority or seek your own independent advice. Information and forms on the planning process are available from local authorities.
Housing
What can the Ombudsman examine about housing?
Housing applications
The Ombudsman can examine complaints from people:
- whose applications for housing have been refused
- who are on the housing list and consider that the local authority has treated them unfairly by not allocating them a house.
Loans and grants
The Ombudsman can examine complaints from people who have applied for local authority housing loans or grants and consider that their applications have not been dealt with fairly. These loans and grants include:
- Housing Adaptation Grant for People with a Disability
- Housing Aid for Older People
- Mobility Aids Grant.
Transfers, rent, repairs and purchases
The Ombudsman can examine complaints made by local authority tenants where the local authority:
- has refused to grant a housing transfer
- has calculated rent incorrectly
- has delayed in carrying out repairs to a local authority dwelling
- has not dealt correctly or fairly with an application to buy a local authority dwelling.
How is a house allocated by the local authority?
The local authority assesses each application for housing under the Social Housing Assessment Regulations and if deemed eligible and there is a need for housing it will be approved for housing.
Each local authority has a Housing Allocation Scheme. Applicants get points under the various headings in the Housing Allocation Scheme.
How does the Ombudsman deal with my complaint about the allocation of a house?
If you complain to us about a failure or delay in giving you a house, we will examine whether:
- the housing application has been dealt with according to the Social Housing Assessment Regulations
- you have been treated less favourably than other applicants in similar circumstances
You cannot use the Ombudsman as a way to ‘queue jump’ and we will not make representations to a local authority on your behalf.
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you must try to resolve your problem with the local authority concerned. Many local authorities have internal complaints and appeals systems and you should ask to appeal your case.
If you are not happy with the outcome, you can contact the Ombudsman. Complain to the Ombudsman as soon as possible. You should complain within 2 months of the local authority’s decision or action. Please remember to include any letters or other correspondence between you and the local authority.
How long will it take the Ombudsman to deal with my complaint?
The time taken to reach a decision will vary from case to case, depending on how complex it is. However, we will keep you informed of what is happening with your complaint.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
How do I complain to the Ombudsman?
The best way to make a complaint to the Ombudsman is on our website: www.ombudsman.ie.
You can also write to:
- The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773
- Or call us at (01) 639 5600.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so. If you want to complain on behalf of someone else, you must get their permission first.
Accessible Services
If you have a disability and need help to use the services of the Ombudsman, our Access Officer can be contacted by email at accessofficer@ombudsman.ie or by telephone at (01) 639 5635.
What does the Ombudsman do?
The Ombudsman investigates complaints from people who feel they have been unfairly treated by certain public service providers, including the Department of Social Protection and the Social Welfare Appeals Office.
Is the Ombudsman independent?
Yes. The Ombudsman is independent of government. The Ombudsman deals with all complaints impartially when deciding whether the action or decision of the public service provider, such as the Department or the Appeals Office was fair or reasonable.
What social welfare services can I complain to the Ombudsman about?
You can complain about any of the following:
- statutory social welfare payments such as state pensions
- administrative schemes and payments, including Back to Work Allowance and Fuel Allowance Extra benefits
- Pay Related Social Insurance (PRSI)
- quality of service, including delays and failing to reply
- decisions of the Social Welfare Appeals Office, including decisions of Appeals Officers and any delays in arranging appeal hearings.
Examples of statutory social welfare payments the Ombudsman may receive complaints about include:
- State pensions (contributory and non-contributory)
- Family payments
- Widowed and/or Surviving Civil Partner Grant
- Bereavement Grant
- One-Parent Family Payment
- Jobseeker’s Benefit
- Farm Assist
- Family Income Supplement
- Jobseeker’s Allowance
- Child Benefit
- Health-related payments
- Illness Benefit
- Invalidity Pension
- Disability Allowance
- Blind Pension
- Respite Care Grant
- Carer’s Benefit and Allowance
- Injury Benefit
- Domiciliary Care Allowance
- Supplementary Welfare and Basic Supplementary Welfare Allowances
- Rent Supplement
- Exceptional Needs Payments
- Qualified Adult Allowance
- Dependent Child Allowance
- Living Alone Allowance.
We can investigate a complaint relating to social welfare payments governed by legislation and PRSI when:
- the Department has made a decision on your application or claim and
- you have appealed that decision to the Social Welfare Appeals Office.
The Social Welfare Appeals Office operates independently of the Department of Social Protection. The Appeals Office examines appeals about payments governed by legislation and Pay Related Social Insurance (PRSI).
How will the Ombudsman deal with my complaint?
If we can investigate your complaint, we will ask you to give us all the information about it. We usually ask the public service provider to send us information about the issues involved. It can take time to gather the information that we need before we can make a decision on your complaint.
We will then decide whether:
- your complaint is justified
- you have suffered due to the action or decision of the Department or the Appeals Office.
We may then recommend that the Department or Appeals Office:
- review what it has done
- change its decision or
- offer an appropriate remedy, including an explanation, an apology and/or financial compensation.
Can the Ombudsman deal with complaints about all social welfare agencies and issues?
No. The Ombudsman cannot investigate:
- actions or decisions that occurred more than 12 months before you complained (the Ombudsman may sometimes set aside this rule)
- complaints that are the subject of legal proceedings through the courts or
- issues relating to private or occupational pensions.
You can refer complaints relating to private or occupational pensions to the Financial Services and Pensions Ombudsman at www.fspo.ie
If you are unsure whether we can examine your complaint, contact us and we will let you know.
When should I complain to the Ombudsman?
Before you complain to the Ombudsman, you must first complain to the Department of Social Protection.
You must have already appealed the decision to the Social Welfare Appeals Office if your complaint is about:
- payments governed by legislation or
- Pay Related Social Insurance (PRSI).
You must have asked for a review or taken your complaint to the Department’s internal complaints system if your complaint is about:
- administrative schemes
- administrative payments or
- quality of service.
If you are not happy with the outcome you can then contact the Ombudsman. Please remember to include any letters or other correspondence between you and the Department or Social Protection Appeals Office.
Complain to the Ombudsman as soon as possible. You should complain within 12 months of the:
- decision or action taken by the Department or
- date of decision on your appeal.
How long will it take the Ombudsman to deal with my complaint?
It will depend on your individual complaint. We will try to complete the examination of your case within three to six months. If your case is more complicated, it may take us longer. We will keep you informed as to what is happening with your complaint.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
How do I complain to the Ombudsman?
The best way to make a complaint to the Ombudsman is on our website: www.ombudsman.ie.
You can also write to:
- The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773
- Or call us at (01) 639 5600.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so.
If you want to complain on behalf of someone else, you must get their permission first.
Accessible Services
If you have a disability and need help to use the services of the Ombudsman, our Access Officer can be contacted by email at: accessofficer@ombudsman.ie or by telephone at (01) 639 5635.
The Ombudsman and complaints about Social Welfare Services
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Who is the Ombudsman and what does the Ombudsman do?
The Ombudsman can examine complaints about the actions of a range of public bodies, including public hospitals. All hospitals providing public health services come within the Ombudsman's remit.
The Ombudsman can examine complaints about how hospital staff carry out their everyday administrative activities when providing public health services.
These include complaints about delays or failing to take action. However, there are certain complaints that the Ombudsman cannot examine. These include complaints about:
- private health care regardless of where it is provided and
- clinical judgment by the HSE (diagnoses or decisions about treatment
Is the Ombudsman independent?
Yes. The Ombudsman is independent and impartial when examining complaints.
What can I complain to the Ombudsman about?
You can complain about your experience in dealing with a hospital. This might include, among other issues, a hospital:
- applying an incorrect charge
- failing to follow approved administrative procedures, protocols or reasonable rules
- failing to communicate clearly
- failing to seek your informed consent to a procedure
- keeping poor records
- failing to respect your privacy and dignity
- having staff who are rude or unhelpful or who discriminate against you being reluctant to correct an error
- failing to deal with your complaint in accordance with the complaints process.
Which hospitals are covered?
You can make a complaint about any public or voluntary hospital providing general, maternity and mental health services.
How will the Ombudsman deal with my complaint?
We will examine all issues of maladministration. 'Maladministration' can include an action that was or might have been:
- taken without proper authority
- taken on irrelevant grounds
- the result of negligence or carelessness
- based on incorrect or incomplete information
- improperly discriminatory
- based on an undesirable administrative practice
- otherwise contrary to fair or sound administration or
- the result of the hospital failing to give reasonable assistance and guidance, or failing to provide information on a person's right of appeal or review.
If we find that you have suffered adverse affect due to maladministration, and if the hospital has not taken steps to remedy this, we may recommend it does so. In our recommendation, we may ask the hospital to:
- review what it has done
- change its procedures and practices
- change its decision and/or
- offer an appropriate remedy, including an acknowledgement of what happened, an explanation, an apology and in certain instances financial redress
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you should try to resolve any issues with the hospital using the hospital's own complaints procedure.
Each hospital has a Complaints Officer, appointed under the Health Act 2004. The Complaints Officer will examine your complaint and give you a written response within a stated period. The Complaints Officer will also advise you of your right to seek an internal review of your complaint by a HSE Review Officer or to make a complaint directly to the Ombudsman.
Please remember to include any letters or other correspondence between you and the hospital.
You should complain to the Ombudsman within 12 months of the:
- action complained of or
- the date of the Complaints Officer or HSE Review Officer's report
How long will it take the Ombudsman to deal with my complaint?
The time taken to reach a decision will vary from case to case, depending on how complex it is. However, we will keep you informed of what is happening with your complaint.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
How do I complain to the Ombudsman?
The best way to make a complaint to the Ombudsman is on our website: www.ombudsman.ie.
You can also write to:
- The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773
- Or call us at (01) 639 5600.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so. If you want to complain on behalf of someone else, you must get their permission first.
Accessible Services
If you have a disability and need help to use the services of the Ombudsman, contact us to arrange to speak to our Access Officer.
What does the Ombudsman do?
The Ombudsman investigates complaints from people who feel they have been unfairly treated by certain providers of public services. These include government departments, local authorities, the Health Service Executive (HSE), and public and private nursing homes.
You may feel that you, or a person on whose behalf you are complaining, has been treated unfairly or has received a poor service through some failure on the part of a private nursing home. If this has caused you hardship then we may be able to look into your complaint.
We can investigate your complaint once you have gone through the complaints procedure of the private nursing home concerned.
Introduction
The public can bring complaints to the Ombudsman about any private nursing home in receipt of public funding (for example, under the Nursing Home Support Scheme).
Is the Ombudsman independent?
Yes. The Ombudsman is independent of government. The Ombudsman deals with all complaints impartially when deciding whether the action or decision of a private nursing home was fair or reasonable.
What can I complain to the Ombudsman about?
You can complain about your experience in dealing with a private nursing home. This can include a nursing home:
- failing to deal properly with your complaint, once you have written to it
- failing to communicate clearly
- failing to meet your basic needs or to respect your privacy and dignity (for example not providing suitable food and drink or managing incontinence issues)
- failing to follow approved administrative procedures, protocols or reasonable rules
- keeping poor records
- lack of cleanliness or infection control
- having staff that are rude or unhelpful
- being reluctant to correct an established error
- giving slow or unsatisfactory response to letters.
How will the Ombudsman deal with my complaint?
If we can investigate your complaint, we will ask you to give us all the information about it. We usually ask the nursing home to send us information about the issues involved. It can take time to gather the information that we need before we can make a decision on your complaint.
We will then decide whether:
- your complaint is justified
- you have suffered due to the actions or decision of the private nursing home.
We may then recommend that the nursing home:
- review what it has done
- change its decision
- offer an appropriate remedy, which can include an explanation or an apology.
What the Ombudsman cannot investigate
People sometimes contact us about things we are unable to deal with. The Ombudsman cannot look at complaints about:
Clinical Judgement : The Ombudsman cannot investigate complaints which are specifically about actions taken by medical professionals acting on behalf of the private nursing home when, in the opinion of the Ombudsman, they are acting solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a resident.
Employment : The Ombudsman cannot look at complaints relating to recruitment, pay and conditions of employment or contracts in relation to employment.
The Ombudsman cannot investigate complaints where:
- the law provides for a right of appeal to a court, an independent tribunal or an independent appeal body
- the complaint is, or has been, the subject of legal proceedings before the courts.
The Ombudsman and the Health Information and Quality Authority (HIQA)
The Ombudsman and HIQA have separate but complementary roles in the health and social care area, which includes nursing homes. The role of the Ombudsman mainly involves examining individual complaints from residents, their family or representatives, about the care they have received from a private nursing home. HIQA is the independent authority established to drive continuous improvement in Ireland’s health and personal social care services by regulating and monitoring the safety and quality of these services.
Sometimes complaints or information received by one of the organisations can be of use and benefit to either or both. We will ensure that such information is channeled to the appropriate organisation. This ensures that anyone with concerns about the service they have received in a private nursing home can have those concerns addressed properly, thoroughly and promptly.
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you should try to resolve any issues with the private nursing home by setting out your concerns in writing to them, and in accordance with their complaints procedure. The nursing home should be given a chance to respond and, where appropriate, to put things right before the Ombudsman becomes involved.
If you cannot resolve your complaint in this way, you can then ask the Ombudsman to investigate your complaint.
Please remember to include any letters or correspondence between you and the private nursing home.
Complain to the Ombudsman as soon as possible. You should complain within 12 months of the action taken by the private nursing home or the date of the decision of the private nursing home's complaint handler.
Who can complain to the Ombudsman?
You can complain on your own behalf or for someone else if they ask you to. A complaint can be made on behalf of a nursing home resident if they give written consent to do so.
Often relatives or others submit a complaint on behalf of a person who does not have the capacity to submit the complaint themselves. If for some reason the resident is unable to give written consent, the Ombudsman may seek some form of independent evidence before accepting a complaint. We can also consider a complaint about the care given in a private nursing home to someone close to you who has since died.
How long will it take the Ombudsman to deal with my complaint?
It will depend on your individual complaint. We will try to complete the investigation of your case within three to six months. If your case is more complicated, it may take us longer. However, we will keep you informed as to what is happening with your complaint.
What will it cost me to complain to the Ombudsman?
Nothing. There is no charge for the services of the Ombudsman.
In summary: Three steps to getting things put right
- Make a complaint to the private nursing home as soon as you can. Complaining to it directly might get the matter resolved quickly. Explain why you are unhappy and how you want it to put things right.
- Give the private nursing home a chance to resolve your complaint and give you its final response. Make sure you keep copies of all letters about your complaint.
- Contact the Ombudsman if you are unhappy with how the private nursing home has dealt with your complaint.
How do I complain to the Ombudsman?
The best way to make your complaint to the Ombudsman is through our website: ombudsman.ie
You can also write or call to:
Office of the Ombudsman
6 Earlsfort Terrace, Dublin 2, D02 W773.
Phone: 01 639 5600
Accessible Services
If you have a disability and need help to use the services of the Ombudsman our Access Officer can be contacted by email at: accessofficer@ombudsman.ie or by telephone at: (01) 639 5635.
The Ombudsman and complaints about Private Nursing Homes
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This factsheet tells you what you can do if you are living within the Direct Provision system and you have a complaint.
What can the Ombudsman do?
For those living in the Direct Provision system, the Ombudsman can examine complaints about certain actions of:
- Accommodation Centres
- The International Protection Accommodation Service (IPAS)
When should I complain to the Ombudsman?
Before you complain to the Ombudsman, you must first complain to the manager of the Accommodation Centre.
If you are unhappy with the way your complaint has been dealt with by the manager of the Accommodation Centre, you can take it to the International Protection Accommodation Service (IPAS). If you are still unhappy after the IPAS examination, you can then contact the Ombudsman. When making a complaint to the Ombudsman, you should set out the reason(s) why you are unhappy and what you feel should be done to put things right.
You should submit your complaint within 12 months of the action or decision that has adversely affected you. However, even if more than 12 months has passed, we may still be able to help if there is a good reason for the delay.
What can I complain to the Ombudsman about?
The Ombudsman can examine complaints about:
- decisions you consider to be unfair and that affect you in a negative way
- failure to give you clear reasons for decisions
- failure to answer, or delay in answering your correspondence
- providing you with incorrect, inaccurate or misleading information
- failure to deal properly with your complaints
The Ombudsman can also examine complaints about services set out in the IPAS's House Rules such as:
- standard of accommodation
- meals
- cleaning
- facilities
The Ombudsman cannot examine decisions about:
- asylum
- citizenship
- family reunification
- residency
- visas
Also, unless the circumstances are exceptional, the Ombudsman cannot examine your complaint if you have started legal proceedings against the accommodation centre or the IPAS about the same complaint.
You can get legal advice about your complaint and still bring it to the Ombudsman - as long as you don't actually start legal proceedings. Call or email us if you are not sure.
How will the Ombudsman deal with my complaint?
If we can examine your complaint, we will ask you to give us all the information about it. We usually ask the accommodation centre and the IPAS to send us information about the issues involved. It can take time to gather the information that we need before we can make a decision on your complaint.
How long will it take the Ombudsman to deal with my complaint?
It will depend on your individual complaint. We will try to complete the examination of your case within three to six months. If your case is more complicated, it might take us longer. However, we will keep you informed as to what is happening with your complaint.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so. Similarly, if you want to complain on behalf of someone else, you must first get their permission.
Do I need to include anything with my statement of complaint?
Yes. You should include copies of any letters, emails, reports and details of other communications between you and the accommodation centre or the IPAS.
Is the Ombudsman independent?
Yes. The Ombudsman deals with all complaints independently and impartially when deciding whether the action or decision of either the accommodation centre or the IPAS was fair or reasonable.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
What if the complaint relates to a child or person under 18 years?
If the complaint relates to a child or person under 18 years who has been adversely affected by an action, or inaction, of the accommodation centre or the RIA, you should complain to the Ombudsman for Children's Office (OCO).
If you are unsure - for example, the complaint might relate to a person who is now over 18 but who was under 18 at the time the issue arose - contact either the Office of the Ombudsman or the OCO for advice.
The Ombudsman and complaints about the Direct Provision system
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أمين المظالم والشكاوى حول ظام التوزيع المباشر (The Ombudsman and complaints about the Direct Provision System - ARABIC)
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Le Médiateur et les plaintes concernant le système Direct Provision (The Ombudsman and complaints about the Direct Provision system - FRENCH)
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Омбудсмен и жалобы касательно Системы прямого обеспечения (The Ombudsman and complaints about the Direct Provision system - RUSSIAN)
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دی اومبڈسمین اور شکایات کے بارے میں دی ڈائرکٹ پروویژن سسٹم - (The Ombudsman and complaints about the Direct Provision system - URDU)
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What can the Ombudsman do?
The Ombudsman can investigate complaints about the administrative actions of a wide range of providers of public services such as Government Departments, Local Authorities and the Health Service Executive (HSE).
The Ombudsman can also investigate complaints about:
- Access by people with disabilities to public buildings, services and information
- Sectoral plans. Sectoral plans are plans by government to ensure that services are provided to people with specified disabilities.
Complaints about access to public buildings, services and information
The Disability Act 2005 gives the Ombudsman the power to investigate complaints about compliance by public bodies and others with Part 3 of the Act. This Part deals with:
- access to public buildings (section 25)
- access to services (section 26)
- accessibility of services supplied to a public body (section 27)
- access to information (section 28)
- access to heritage sites (section 29)
- ‘sectoral plans’ (sections 32 to 37)
Which public bodies are covered by Part 3 of the Disability Act 2005?
Generally, the Act covers:
- Government departments (for example the Department of Transport, Tourism and Sport)
- local authorities (for example the county councils)
- the Health Service Executive
- semi-state bodies (for example Údarás na Gaeltachta and the Health and Safety Authority)
- most other state organisations
If you are unsure whether a particular body is covered by the Act, please contact us.
What can the Ombudsman not do?
The Ombudsman has no role in relation to public service employment (Part 5 of the Disability Act 2005).
The Equal Status Acts 2000 to 2012 outlaw discrimination by public and private sector organisations when providing goods and services to which the public generally have access. The Acts outlaw discrimination on nine distinct grounds, one of which is disability. You can get more information about the Equal Status Acts 2000 to 2012 from the Irish Human Rights and Equality Commission (www.ihrec.ie). The Ombudsman has no role in relation to the Equal Status Acts 2000 to 2012.
What are sectoral plans?
Six Government ministers are required to prepare sectoral plans. These outline what the ministers plan to do to ensure that services are provided to people with specified disabilities. They cover the role of public bodies or other people supported or funded by the minister.
Areas covered by sectoral plans include:
- public transport
- health services
- vocational training
- employment support services
- housing
- accommodation
The following Government ministers were required to prepare sectoral plans:
- Minister for Health
- Minister for Social Protection
- Minister for Transport, Tourism and Sport
- Minister for Communications, Energy and Natural Resources
- Minister for the Environment, Community and Local Government
- Minister for Jobs, Enterprise and Innovation
Is the Ombudsman independent?
Yes. The Ombudsman deals with all complaints independently and impartially. The service is free to use.
Making a Complaint to the Ombudsman
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you must first put your complaint to the public body concerned and allow it time to investigate the matter.
Access
If you want to complain about access, you must complain directly to the public body concerned. An inquiry officer appointed by the public body will investigate your complaint and decide if the body is complying with the relevant part of the Act.
Sectoral Plans
If you want to complain about the requirements in a sectoral plan, you must use the complaints procedures set out in the relevant plan. A complaints officer appointed under the plan will consider this type of complaint and decide if the public body or other person is complying with the requirements in the sectoral plan.
If you fail to resolve your complaint with the public body directly, you can ask the Ombudsman to investigate the matter.
Who can make a complaint to the Ombudsman?
Anyone, including public representatives, companies or organisations, can complain to the Ombudsman. However, only people specified in the Disability Act 2005 may complain to the public body concerned (for example the person with a disability or their spouse, parent, legal representative or personal advocate).
What can the Ombudsman do?
Once we establish that we can investigate your complaint, we will ask the public body or other person to send us a report. If necessary, the Ombudsman may also examine the files and records and may question people involved with the complaint. It can take time to gather the information that we need.
Following the investigation of a complaint, the Ombudsman may conclude that a public body or other person has failed to comply with a provision of Part 3 of the Disability Act 2005 or a sectoral plan. The Ombudsman may decide this failure has adversely affected the person making the complaint (or on whose behalf the complaint was made) or any other person. If this is the case, the Ombudsman may recommend that the public body or other person (in the case of a sectoral plan):
- further considers the matter that led to the complaint
- takes action to remedy the complaint
- reduces or changes the action that led to the complaint
- tells the Ombudsman why it took the action
If appropriate, the Ombudsman may ask the head of the public body or other person, in the case of a sectoral plan, to let the Ombudsman know its response to his recommendation.
How long will it take for the Ombudsman to investigate a complaint?
The time taken to reach a decision will vary from case to case. For example, it can take time if the Ombudsman needs to get more information or meet officials from the organisation. We will always keep you informed of what is happening.
What will it cost?
Nothing - there is no charge for the services of the Ombudsman.
How do I complain to the Ombudsman?
You can write or call to:
The Office of the Ombudsman
6 Earlsfort Terrace, Dublin 2, D02 W773.
Phone: 01 639 5600
Online: www.ombudsman.ie
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so. If you want to complain on behalf of someone else, you must get their permission first.
Accessible services
If you have a disability and need help to use the services of the Ombudsman, contact us to arrange to speak to our Access Officer.
A copy of this Factsheet is available in large font on request.
Email: accessofficer@ombudsman.ie or call 01 639 5635.
What does the Ombudsman do?
The Ombudsman can investigate complaints from the public about the administrative actions of the Legal Services Regulatory Authority (LSRA).
Is the Ombudsman Independent?
The Ombudsman deals with all complaints independently and impartially when judging whether the administrative actions of the LSRA were fair and reasonable.
What can I complain to the Ombudsman about?
The role of the Ombudsman in LSRA cases is to consider whether a complaint has been dealt with in accordance with the procedures set out in the Legal Services Regulation Act 2015. The Ombudsman cannot investigate the actions of the legal practitioner but can simply review the administrative actions of the LSRA in dealing with your complaint.
What the Ombudsman cannot investigate
The Ombudsman has no remit over legal practitioners. This means the Ombudsman cannot investigate the actions of the legal practitioner or make a finding against them. The Ombudsman process is not an appeal of the LSRA decision, but an investigation of the procedures followed by the LSRA.
When should I complain to the Ombudsman?
Before you complain to the Ombudsman you must complete the LSRA complaints process. If, at the conclusion of that process, you are unhappy with the administrative actions of the LSRA you may make a complaint to the Ombudsman. In LSRA cases the administrative actions are the processes the LSRA followed leading up to its decision.
You should submit your complaint within 12 months of the action or decision that has adversely affected you. However, if more than 12 months has passed, the Ombudsman may still be able to help if there is a good reason for the delay.
What are Administrative Actions?
Administrative actions are the processes the LSRA followed leading up to the decision in your complaint.
The vast majority of LSRA complaints relate to LSRA decisions to find a complaint inadmissible. In those cases, the LSRA will have conducted a preliminary examination of the complaint and deemed it inadmissible.
The Ombudsman can only examine the administrative actions of the LSRA and not the legal practitioner. Therefore, the Ombudsman can examine if the LSRA followed the steps as laid down in the Legal Services Regulation Act 2015 for conducting a preliminary examination. Those steps are:
- The LSRA needs to be satisfied, as per Section 51, that the complaint is related to one of inadequate service, excessive costs or misconduct.
- Once the LSRA is satisfied that this is the case it must, as per Section 57, contact the legal practitioner asking them to set out their response to the complaint.
- When the LSRA receives a response from the legal practitioner it can, if it deems it necessary, contact either or both of the legal practitioner or the complainant to seek further information in relation to the complaint.
- When the LSRA is of the opinion that it has sufficient information to conclude the preliminary examination, it must decide if the complaint is admissible or not.
Following an examination of the LSRA file the Ombudsman would expect that the LSRA has correctly identified the complaint being made to it, properly followed the steps set out above and then fully explained the reasons for its decision in relation to each aspect of the complaint in its decision letter.
If your complaint has been deemed inadmissible and you believe the LSRA has not followed the correct procedures or has not fully explained its decision, you can bring a complaint to the Ombudsman.
What else can the Ombudsman examine?
As well as complaints that have been deemed inadmissible by the LSRA, the Ombudsman may also examine some complaints that were deemed admissible. Complaints about inadequate services or excessive fees that are deemed admissible by the LSRA can be appealed to the High Court and are outside of the Ombudsman’s remit. However, complaints about misconduct that have been deemed admissible cannot be appealed to the High Court and are within the Ombudsman’s remit.
As with the cases above, if you are making a complaint about a misconduct complaint that was deemed admissible, we cannot examine the actions of the legal practitioner but we can examine the processes followed by the LSRA and the explanations provided for the ultimate decision.
How does the Ombudsman deal with LSRA complaints?
Once it is established that the Ombudsman can examine your complaint, the LSRA will be asked to provide a full copy of your complaint file.
The ombudsman will then examine how the LSRA handled your complaint to determine if there is evidence of maladministration. ‘Maladministration’ includes an action that was or might have been:
- taken without proper authority
- taken on irrelevant grounds
- the result of negligence or carelessness
- based on incorrect or incomplete information
- improperly discriminatory
- based on an undesirable administrative practice
- otherwise contrary to fair or sound administration
- where the LSRA has failed to give reasonable assistance and guidance, or failed to provide information on a person’s right of appeal or review.
The Ombudsman will decide whether:
- your complaint is justified
- you have suffered due to the administrative action of the LSRA
If it is found that you have suffered due to maladministration, and if the LSRA has not taken steps to remedy this, we may recommend that it does so. In our recommendation, we may ask the LSRA to:
- review what it has done
- offer an appropriate remedy e.g. an explanation and/or apology
Do I need to include anything with my complaint?
When making a complaint about the LSRA to the Ombudsman you should include a copy of the LSRA decision letter and rationale. You should also provide details of the administrative actions of the LSRA that you are unhappy about.
What will it cost me to complain to the Ombudsman?
Nothing - there is no charge for the services of the Ombudsman.
How do I complain to the Ombudsman?
The best way to make a complaint to the Ombudsman is through our website:
www.ombudsman.ie.
You can also write to:
The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773
Or call us at (01) 639 5600.
Can someone else complain on my behalf to the Ombudsman?
Yes, but only if you give them permission to do so.
If you want to complain on behalf of someone else, you must get their permission first.