Jurisdiction

Under the Ombudsman Act 1980, as amended, I am not permitted to investigate complaints about medical practitioners who are "acting on behalf of [the Health Service Executive] and (in the opinion of the Ombudsman) solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a patient ...". I am satisfied that this provision does not affect my authority to investigate complaints about the actions of the HSEs Medical Officers who are involved in the decision making processes on applications for Domiciliary Care Allowance (DCA). In this regard, the actual diagnosis of the condition that a child has, is not made by these Medical Officers: generally, such a diagnosis is made by another qualified medical practitioner, for example a hospital consultant or a consultant psychologist. Similarly, while the professional care or treatment may be provided by the HSE, for example in hospitals or clinics, the Medical Officers who are involved in the decision making processes on applications for DCA, are not involved in the provision of that care or treatment.

My role, as Ombudsman, in relation to complaints about DCA applications is to ensure that each case is accorded appropriate consideration, taking all the relevant factors into consideration, including all relevant medical, or other, evidence.  In this regard, I seek to ensure that the material relied upon by decision makers is capable of supporting that decision, and that in exercising decision making powers they act in a reasonable manner.