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The investigation of a complaint concerning the administrative actions of the HSE in determining an application for provision of a powered wheelchair

  • April 2011
  • Type: Investigation
  • Topic: Disability, Health

In March 2010 an investigation was initiated by the Ombudsman for Children’s Office (OCO) under Section 8 of the Ombudsman for Children’s Act, 2002 (the Act). The investigation was based on a complaint received on behalf of a child into the determination of the HSE not to grant the provision of a powered wheelchair.

The Complaint was brought to the Ombudsman for Children’s Office on 1st October 2009 by the parents of a four-year-old girl with disabilities. The child concerned has significant motor problems resulting in a diagnosis consistent with Cerebral Palsy. She is almost wholly without the use of both legs, unable to walk, has problems with her upper limbs and is unable to propel/manoeuvre a manual wheelchair for any length of time. At the time of the complaint, her primary means of locomotion was by crawling/bunny hops, or with the assistance of a specialised buggy. An application for a powered wheelchair was made to the HSE on 15th May 2009 and the complainant was informed of the policy of not providing powered wheelchairs to children under the age of seven by telephone call on 23rd July 2009.

The parents complained in writing about the HSE’s decision on 4th September and subsequently, a complaint form was submitted the OCO in October 2009 following an unsuccessful appeal of the decision to the HSE. We conducted a preliminary examination of the complaint received and, in accordance with the Act, determined that an investigation was necessary and warranted. We initiated an investigation in March 2010 by writing to the HSE outlining the concerns arising from the preliminary examination and setting out the proposed remit of the investigation.

The investigation focussed on the process and procedures used by the HSE to determine in the first instance and then review the application made on behalf of this child.

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  • April 2011
  • Type: Investigation
  • Topic: Disability, Health

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