Recommendations

I recommend that:

In the case of Patricia Nolan, Domiciliary Care Allowance be awarded with effect from the date of application (i.e. 5 August, 2005), adjusted to compensate for loss of purchasing power.

In the case of Paul Kelly, Domiciliary Care Allowance be awarded with effect from the date of application (i.e. 7 April 2004), adjusted to compensate for loss of purchasing power.

In the case of Matthew Smith, a review of his case be undertaken, by a Senior Area Medical Officer, who had not previously been involved in the case, in respect of his entitlement to Domiciliary Care Allowance, taking all of the existing medical and other evidence into account and, if appropriate, any new evidence available from clinicians who have treated Matthew and from teachers in his school. I further recommend that the HSE communicate the outcome of this review to my Office within two months of the date of this report.

A review of Domiciliary Care Allowance applications in respect of children diagnosed with ADHD, to this particular Community Care Area, be undertaken to determine the extent to which similar applications may have been refused because the diagnosed condition was deemed not to be a disability. Any such applications identified should be reviewed by a Senior Area Medical Officer who had not previously been involved in the cases, to ensure that entitlement is considered in accordance with the DCA Guidelines issued by the Department of Health and Children. I further recommend that the HSE communicate the outcome of this review to my Office within four months of the date of this report.

Within four months of the date of this report, the HSE provides my Office with a detailed report setting out the measures it proposes to take in order to bring about consistency and understanding in the interpretation, among Senior Area Medical  Officers nationwide, of the Domiciliary Care Allowance scheme.


The Health Service Executive's Response to the Investigation Report

The HSE accepted, in full, the findings and recommendations made in the investigation report

Emily O'Reilly
Ombudsman
May, 2008