(Office of the Ombudsman, Ombudsman for Children’s Office or other Professional/Regulatory bodies).
At all stages of the process Complainants must always be made aware by the HSE of their right to an independent review of their complaint by the Ombudsman/ Ombudsman for Children or other Professional/Regulatory bodies. However, in most cases, they require that the HSE complaints management process be exhausted before they will initiate a review of the complaint.
The process used by the Ombudsman or Ombudsman for Children is not described in this Guidance Manual but this information may be sourced through the following website www.ombudsman.ie or www.oco.ie.
Office of the Ombudsman
Complainants must always be made aware of their right to an independent review of their complaint by the Ombudsman (unless the complaint was made by a child or on behalf of a child where the complaint may be referred to the Ombudsman for Children).
The Ombudsman may decide not to investigate a complaint if sufficient steps were not taken by the Complainant to try to seek local investigation and redress from the HSE or Service Provider in question. The Ombudsman will use his/her own discretion in this respect.
In addition, the Ombudsman cannot investigate:
- The actions of private companies or individual private practitioners, dentists, opticians, pharmacists, etc. However, when a complaint is made about a private practitioner who was providing a service on behalf of the HSE, the Ombudsman would have jurisdiction to investigate that complaint.
- Actions taken in connection with clinical judgement.
- Complaints relating to recruitment, pay and conditions of employment.
- Court decisions, matters which are already the subject of court proceedings, the actions of An Gardaí or actions taken in the running of prisons.
- Where there is an alternative right of appeal to an independent tribunal or appeal body although the Ombudsman does have discretion to accept complaints even when the foregoing applies.
Ombudsman for Children
The Ombudsman for Children is the independent review process for complaints made by or on behalf of children up to the age of 18 in accordance with the Ombudsman for Children Act 2002.
The Ombudsman for Children may decide not to investigate a complaint if there were not sufficient steps taken by the Complainant to seek local investigation and redress from the HSE or Service Provider in question. The Ombudsman for Children will use his/her own discretion in this respect.
In addition, in accordance with the Ombudsman for Children Act, 2002, the Ombudsman for Children will not investigate if:
- the action is one in relation to which civil legal proceedings have been initiated on behalf of the child affected by the action and have not been dismissed; or the child affected by the action has a right of appeal, reference or review to or before a court in the State or before a person other than a public body.
- the action relates to or affects national security or military activity or arrangements regarding participation in organisations in states or governments.
- the action relates to recruitment or appointment to any office or employment.
- the action relates to the terms and conditions upon which a person holds any office or of a contract for service.
- the action is one taken in the administration of the law relating to asylum, immigration, naturalisation or citizenship. If it involves the exercise of the right or power referred to in Article 13.6 of the constitution. If it relates to court decisions or if the action is one taken in the administration of the prisons or other places for the custody or detention of children.
- the action relates to the results of an examination.
- the complaint or 2 years from the time the child or person making the complaint on behalf of the child became aware of the action.
- the action was taken before the Ombudsman for Children Act, 2002 or is not one that may be subject to a complaint under the Act of 1980.
