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.

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.

Complaints Procedure under Section 38 Disability Act 2005 checklist

• 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
  Phone: (0404) 20100
  E-mail: inquiryofficer@wicklowcoco.ie
• The complaint should include the following information:
  • Name, address, contact telephone number and email 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?
• All written complaints under Section 38 of the Disability Act will be acknowledged within five 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 if it's a valid complaint, what Wicklow Local Authorities propose to do to rectify the situation and within what timeframe
• If not satisfied with the response, your complaint can be forwarded for an Internal review to Vibeke Delahunt, Access Officer
• 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
• There are no fees involved in making a complaint with regard to the Disability Act 2005

We hope that we have been able to resolve your complaint satisfactorily.  However, if you remain unhappy with our response then you can refer your complaint to the Office of the Ombudsman.  The Ombudsman is fair, independent, and free to use.

The Ombudsman will ask you for details of your complaint and a copy of this letter/email (our final response to your complaint).  The best way to contact the Ombudsman is by:

•  Clicking on the ‘Make A Complaint’ link at www.ombudsman.ie
• Writing to: Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773 or 
• Calling the Ombudsman on 01 639 5600 if you have any queries or if you need help making your complaint.