Section 38 of the Disability Act 2005 (the ‘Act’) states:
A person may by himself or through a person referred to in section 9 (2) make a complaint in writing to the head of a public body in relation to the failure of the body to comply with section 25 , 26 , 27 , 28 or 29 of this Act.
Who can make a complaint?
You can make a complaint directly, or you may have a person from the list below make a complaint on your behalf:
(a) a spouse, a parent or a relative of a person referred to in subsection (1)(a),
(b) a guardian of that person or a person acting in loco parentis to that person,
(c) a legal representative of that person, or
(d) a personal advocate assigned by Comhairle to represent that person.
How to make a complaint?
Your complaint must be in writing letting us know that it is a complaint under Section 38 of the Disability Act 2005. Your complaint should include the following information:
Your name, address, contact number and email address
Whether you were trying to access
- Information
- A service
- A public building
The details of the complaint regarding the failure by us to provide access under Sections 25 to 28 of the Act
Where to send your complaint?
You should send your written complaint by email to:
CEOAdmin@tailte.ie with the subject line “Section 38 Disability Act 2005 Complaint”
or by post to:
Section 38 Disability Act 2005 Complaint
Office of the CEO
Tailte Éireann
Irish Life Centre
Abbey Street Lower
Dublin 1
D01 E9X0
What happens when a complaint is made?
A designated Tailte Éireann Inquiry Officer will investigate complaints made under the Disability Act 2005.
- The Inquiry Officer will acknowledge receipt of your complaint no later than 5 working days after it is received.
- The Inquiry Officer will investigate and prepare a report which will set out if your complaint is valid and whether Tailte Éireann have failed to comply with the relevant provisions of the Disability Act 2005.
- Where it is found that Tailte Éireann failed to provide access to buildings, services or information, the report will outline the steps to be taken to rectify this situation for you.
- Where the Inquiry Officer believes that a complaint is not valid, they will notify you, or the person making the complaint on your behalf, and the Chief Executive Officer of this decision.
Inquiry Officer response
The Inquiry Officer will respond with their findings within 20 working days. If it is not possible to reply within 20 working days, they will contact you or the person making the complaint on your behalf and let you know when the report will be available.
A written report of the result of the investigation, setting out their findings will issue. It will set out whether there has been a failure by us to comply with the Disability Act.
If there has been a failure, the report will outline the steps required to correct the situation.
The Inquiry Officer will issue a copy of the report to you and to the Chief Executive Officer and advise you of the right to appeal to the Office of the Ombudsman if you are not satisfied with the response to your complaint.