Complaints Handling Procedure under Section 38 of the Disability Act 2005

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Introduction

Section 38 of the Disability Act 2005 (the “Disability Act”) sets out that a complaint may be made in writing to the head of a public body in relation to a failure by the body to comply with Section 25, 26, 27, 28 or 29 of the Disability Act.

The FSPO’s Complaints Handling Procedure (the “Procedure”), sets out how the FSPO manages such complaints, in accordance with Section 39(2) of the Disability Act.

1. Who can make a complaint:

A complaint may be made by a person who is of the opinion that he or she may have a disability or through another person such as:

• A spouse, a civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010), a parent or relative of a person referred to in section 9(1)(a) of the Act;
• A guardian or a person acting in loco parentis;
• A legal representative;
• A personal advocate assigned by Comhairle to represent that person.

2. How to make a complaint:

A person may make a complaint to the FSPO for its alleged failure to comply with Sections 25 to 28 of the Disability Act 2005. A complaint should be made in writing.

Complaints can be made to the FSPO by e-mail or by post to:

If you require assistance in making a complaint, the FSPO’s Access Officer may be contacted by telephone at 01 567 7000 or by email at access@fspo.ie.

3. What information is required?

The following information should be included as part of the complaint submission:

• Full name and contact details of the person making the complaint.
• The complaint should state that it is a complaint made under Section 38 of the Disability Act.
• In so far as is possible, full and comprehensive details relating to the complaint, and the circumstances giving rise to the complaint.

Should you have any queries with regards to the complaint submission process, please contact the FSPO’s Access Officer at 01 567 7000 or by email at access@fspo.ie.

4. Who will deal with the complaint?

Pursuant to Section 39(1) of the Disability Act, the FSPO has authorised an Inquiry Officer to manage complaints received under Section 38 of the Disability Act. In conducting this role, the FSPO’s Inquiry Officer shall be independent in the performance of the function.

5. What is the role of the Inquiry Officer?

On receipt of a complaint, the Inquiry Officer will be assigned to the complaint and will:

• Issue an acknowledgment to the person who has made the complaint.
• Commence a review to establish if the complaint relates to an alleged failure by the FSPO to comply with Section 25, 26, 27, 28 or 29 of the Disability Act.

If the complaint is invalid¹ or considered frivolous or vexatious:

• The Inquiry Officer will notify the complainant with reasons and, where relevant, provide advice on alternative avenues of redress.

If the complaint is valid:

• The Inquiry Officer will investigate the complaint, maintaining written records and may:
  • Request additional information from the complainant within a specified timeframe.
  • Consult and liaise with relevant parties, including FSPO units.
  • Seek interviews with all relevant parties, including the complainant.

On completion of the investigation, the Inquiry Officer will:

• Prepare a written report detailing the findings and whether there has been a failure to comply with the Disability Act.
• Outline required steps for compliance, if applicable.
• Furnish the report to the complainant and the Financial Services and Pensions Ombudsman.

6. Can the outcome of the investigation be appealed?

Yes. The outcome may be appealed to the Office of the Ombudsman. At the conclusion of the investigation, the complainant will be advised of their right to appeal:

¹ A complaint will be considered invalid if it does not relate to matters covered by Section 25 to 29 of the Disability Act.