The Ombudsman, Emily O'Reilly, reported today (22 November 2012) to the Dáil and Seanad that the Department of Health has rejected a recommendation from her seeking changes to a disability scheme so as to make it compliant with the Equal Status Acts. This is the second such report from the Ombudsman to the Dáil and Seanad in four weeks. On 24 October 2012 the Ombudsman reported that the Department had rejected her recommendation that the Mobility Allowance scheme be amended so as to remove an upper age limit (66 years) which is contrary to the Equal Status Acts.
Today's report concerns the Motorised Transport Grant. This is a scheme operated by the Health Service Executive on the basis of a circular issued by the Department of Health. The Ombudsman recently completed an investigation of a complaint from a severely disabled young man whose application for a grant was refused by the Health Service Executive (HSE). The Ombudsman upheld that complaint and found, following her investigation, that the HSE's operation of the Motorised Transport Grant reflected an approach to disability which is unduly restrictive, improperly discriminatory and fails to have proper regard to the Equal Status Acts. The Ombudsman found that these defects in the operation of the scheme reflect a failure by the Department in its responsibility to oversee the implementation of the scheme and a failure to provide the HSE with adequate and clear guidance. A key defect in the scheme, as the Ombudsman sees it, is that eligibility is confined to people who are unable to walk because of a physical disability. The Ombudsman's view, echoing that of a 2009 Equality Officer decision, is that the scheme should have regard also to the consequences for mobility of psychological or intellectual disabilities.
Arising from her investigation, the Ombudsman made three recommendations to the HSE; all of these recommendations have been accepted and are in the course of being implemented. The HSE has now approved payment of the MTG to the young man in question.
The Ombudsman's recommendation to the Department of Health was directed towards ensuring that the MTG scheme reflects an understanding of disability which is consistent with the Equal Status Acts. The Department has rejected this recommendation saying that acceptance of the recommendation would have serious financial implications for the State.
In today's report to the Dáil and Seanad the Ombudsman comments that "there can be no justification for allowing this disregard for the law to continue. We are a society ruled by law."
NOTE
The Ombudsman is publishing two separate reports today:
A short special report to the Dáil and Seanad informing the two Houses that the Department of Health has rejected an Ombudsman recommendation made following an investigation. The Ombudsman Acts provide for the Ombudsman to make such a report to the two Houses where "measures taken or proposed to be taken in response to a recommendation ... are not satisfactory ...".
The full report of her investigation of a complaint made on behalf of a young man whose MTG application was turned down by the Health Service Executive. The Ombudsman's recommendation to the Department of Health arose in the context of this investigation report.
For further information contact:
Fintan Butler - Tel 639 5650 or e-mail fintan_butler@ombudsman.gov.ie
or
David Nutley, Communications Officer, Tel 01-6395610 or 086 0231420 or e-mail david_nutley@ombudsman.gov.ie