Procedures for dealing with Complaints under Section 38 of the Disability Act, 2005
A person may make a complaint to the Revenue Commissioners if he/she considers that the organisation has failed to comply with the provisions of Sections 25, 26, 27 and 28 of the Disability Act, 2005. These Sections of the Act relate to access by persons with disabilities to:
- Revenue’s public buildings;
- Revenue’s schemes and services;
- services and goods purchased by Revenue; or
If a person needs assistance in making a complaint regarding accessible services, he/she can contact our Access Officers who, as far as possible, will assist them in making their complaint. In accordance with Section 39 (2) of the Disability Act, 2005 the following are the procedures for making and investigating such complaints.
Inquiry Officers under the Disability Act 2005
Revenue have appointed Inquiry Officers to investigate complaints made under Section 38 of the Disability Act.
The Inquiry Officers will carry out an independent investigation in private and will produce a report which will say:
- if your complaint is valid
- whether there has been a failure by Revenue to comply with the relevant provisions of the Disability Act , and
- where a failure has happened, it will outline the steps to be taken to ensure future compliance.
Making a complaint
1. A complaint may be made by a person, or through his or her
- spouse/partner, parent or relative;
- guardian or a person acting in loco parentis to that person;
- legal representative;
- personal advocate, assigned by the Citizens Information Board to represent that person; or
- by another person advocating on behalf of that person with his or her consent.
2. A complaint must be made in writing, which can include fax or e-mail, and should provide all contact details for the person making the complaint.
3. The complaint should state that it is a complaint under Section 38 of the Disability Act 2005 and should, in so far as is possible, set out as clearly as possible the grounds for the complaint regarding the failure of Revenue to provide access under Sections 25 to 28 of the Act.
4. The complaint must be made to:
The Customer Services Manager,
Fax: (01) 4244399
Investigating a complaint
5. On receipt of the complaint the matter will be referred to an Inquiry Officer for investigation. The Inquiry Office will acknowledge receipt of the complaint as soon as possible but no later than five working days after receipt.
6. The Inquiry Officer will examine the complaint to establish if it relates to an alleged failure by Revenue to comply with Sections 25, 26, 27 and 28 of the Disability Act, 2005. If the complaint is invalid, i.e. it does not relate to matters covered by Sections 25 to 28 of the Act, the Inquiry Officer will so inform the complainant and give supporting reasons and, if possible, he/she will advise the complainant on alternative avenues of redress.
7. Where the Inquiry Officer considers that the complaint is frivolous or vexatious, he or she will notify the Customer Services Manager and the complainant of this determination in writing and provide the complainant with an opportunity to make representations on the matter. Otherwise he or she will investigate the complaint.
8. The Inquiry Officer may request further information/details from the person who made the complaint and may require that such information/details be furnished within a maximum of two weeks of being requested.
9. The Inquiry Officer may consult with all parties that he or she considers appropriate regarding the matter and request information/reports/files and any other details from relevant officials. Any information requested must be furnished within a maximum of two weeks of being requested.
10. In the course of the investigation the Inquiry Officer may undertake interviews with such persons which he or she considers appropriate, including the person who made the complaint, to elicit information.
11. The Inquiry Officer will maintain a written record of his or her investigation.
12. The Inquiry Officer will prepare a written report of the results of the investigation setting out his or her findings together with a determination in relation to:
- whether there has been a failure by Revenue to comply with the relevant provision of the Disability Act; and
- where there has been such a failure, the steps to be taken by Revenue to ensure future compliance with the relevant provision(s) of the Act.
13. The Inquiry Officer will give a copy of his or her report to the person who made the complaint and to the Chairman.
14. The Inquiry Officer will complete his/her report within 20 working days from the receipt of all required information, including additional information requested from the complainant. Where a full report is not available within 20 days, the Inquiry Officer will send an interim reply and indicate when the report will be available.
15. The furnishing of the report to the person who made the complaint and to the Chairman concludes the investigation of the complaint.
16. The complainant will be advised of the right of appeal to the Office of the Ombudsman.