Recommendations

In responding to a draft of this report, the Department of Social Protection said that, in the light of the Ombudsman’s report, it had asked the HSE to write to Ms Kileni to convey its apologies for what had happened. The Department explained that it had asked the HSE to convey this apology because it was the “responsible body” at the time the claim was made. The Ombudsman understands that the HSE has now written to Ms Kileni and has apologised for what occurred. If this apology had not already been made, the Ombudsman would be recommending that such an apology should be made.

In view of the significant adverse consequences suffered by Ms Kileni and her family, as set out in this report, the Ombudsman recommends to the Department of Social Protection that it make a “time and trouble” payment – or “consolatory” payment as it is known in some other jurisdictions – to Ms Kileni of €3,000.

This recommendation is being made to the Department of Social Protection, rather than to the HSE, on the basis that the SWA scheme at the time in question was being administered on behalf of the Department and under its general control and direction and because, in any event, the SWA scheme has always been funded through the Department’s Vote.

Emily O’Reilly
Ombudsman 

June 2013