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

摘要

BackgroundudIn 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.udUnder Section 13(2) of the Act, following an investigation, the Ombudsman for Children is required to produce a statement outlining the results. In accordance with the Act, this statement is for distribution to the public body under investigation, the complainant, other relevant parties involved in the investigation and any other persons to whom she considers it appropriate to send the statement.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.udThe 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.udAn 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 to this Office in October 2009 following an unsuccessful appeal of the decision to the HSE.udThis Office conducted a preliminary examination of the complaint received and, in accordance with the Act, determined that an investigation was necessary and warranted. This Office 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.