Access Related Complaints

The Disability Act 2005

The Disability Act 2005 is a positive action measure, which provides a statutory basis for accessible public services. Sections 26, 27 ,28 and 29 of the Act place obligations on public bodies to make their services and information accessible to people with disabilities. Under the National Disability Act 2005 Local Authorities must consider how the services they provide impact on people with disabilities. The impact of these services can be evaluated as follows:

  1. Access to Quality Customer Services
  2. Access to the Built Environment
  3. Access to services delivered via Information and Communication Technology.

Disability Act 2005 - Complaints Procedure

Section 38 of the Disability Act 2005 enables any person to make a complaint in writing to the Head of Wicklow Local Authorities in relation to the failure of Wicklow Local Authorities to comply with Sections of the Act that refer to Local Authorities (25, 26, 27, 28 or 29)

For the purposes of handling such complaints, Wicklow Local Authorities has delegated an inquiry officer to receive, and to refer complaints from the public with regard to the implementation of the Disability Act 2005.

The following procedures have been developed by Wicklow Local Authorities to receive and investigate complaints made under the Act.

Wicklow Local Authorities Disability Act Complaints procedureDisability Act 2005 Complaint Procedure Form - 34kb

All complaints under Section 38 are to be made in writing and forwarded to the inquiry officer of Wicklow Local Authorities, who is based in Wicklow County Council Offices. The Inquiry Officer has responsibility to respond to all complaints made in writing in relation to the failure of Wicklow Local Authorities to comply with Sections 25,26,27,28 and 29 of the Act.

To assist the public in making a complaint a standard complaint form has been prepared together with a useful checklist of the information that is needed to assist the inquiry officer with investigating and responding to complaints.

Check List - Complaints Procedure under Section 38 Disability Act 2005

  1. All complaints to be submitted in writing / email / in person to :
    Disability Act Inquiry Officer,
    Enterprise and Corporate Affairs,
    Wicklow County Council,
    County Buildings,
    Station Road,
    Wicklow Town,
    Co. Wicklow.
    Tel: 0404 20100
    E-mail: inquiryofficer@wicklowcoco.ie
  2. Complaint should include the following information:
    • Name, address, contact telephone number and e-mail address
    • Whether you were looking for
      • Access to information
      • Access to a service
      • Access to a public building or public place
    • Whether you were seeking access for yourself or on behalf of someone else?
    • What location/ department of Wicklow Local Authorities did you deal with?
    • 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 of?
    • 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?
  3. All written complaints under Section. 38 of the Disability Act will be acknowledged within 5 working days
  4. Response to issue within 21 working days – advise complainant or person acting on behalf of that person if it will take longer.
  5. The response will confirm that there is or isn’t a valid complaint, what Wicklow Local Authorities propose to do to rectify the situation and within what timeframe.
  6. If not satisfied with the response your complaint can be forwarded for an Internal review to Vibeke Delahunt, Access Officer
  7. Receipt of request for Internal Review to be acknowledged within 3 working days. Response to issue within 14 working days during which the Access officer will examine the complaint afresh. The response will confirm that there is or isn’t a valid complaint, what Wicklow Local Authorities propose to do to rectify the situation and within what timeframe.
  8. There are no fees involved in making a complaint with regard to the Disability Act 2005.
  9. If you are not satisfied with our final response, you can contact the: Office of the Ombudsman, 18 Lower Leeson Street, Dublin 2. Tel (01) 678 5222 Fax (01) 661 0570