Ombudsman seeks constitutional status

The Ombudsman, Emily O’Reilly, has called for her office to be given constitutional status and also outlined how it can assist…

The Ombudsman, Emily O’Reilly, has called for her office to be given constitutional status and also outlined how it can assist those who have been disadvantaged due to the nursing homes controversy.

The information is included in her 2004 annual report that covers her first full year in office and focuses on how her office can help older people in their dealings with public bodies.

The report notes that as far back as 1996 the Constitution Review Group report recommended that the Office of the Ombudsman should be given constitutional status.

"In the same way as the Comptroller and Auditor General monitors financial accountability, the Ombudsman monitors administrative accountability," said Ms O’Reilly. "Administrative accountability, in effect, should be given the same constitutional importance as financial accountability."

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Commenting on the theme of older people, Ms O’Reilly said: "As Ombudsman . . .  I do have a role in ensuring that people are treated fairly by the administration, and, when it comes to the elderly, fairly means without discrimination . . . and above all with respect to their human dignity, to the positives of ageing, and to the role the now elderly have played in helping to secure the economic bounty that their children and grandchildren now enjoy."

The report also contains a number of case studies relating to older people who were refused nursing home subventions or did not receive a subvention that was adequate to cover the cost of their care.

Ms O’Reilly also announced plans to give feedback to public bodies on their complaint-handling performance.

The first report will be presented to the Health Services Executive later this year and will outline the main issues of concern in the health service that have been raised with the Ombudsman. It will also outline best practice in certain areas of health service administration.

The Ombudsman received 2,064 valid complaints during 2004 compared to 2,213 complaints in 2003, and the office also dealt with 8,774 enquiries from members of the public.

Of the 2,090 complaints concluded in 2004, 311 (14.9 per cent) were resolved, 35 (1.7 per cent) were partially resolved and in 417 (20 per cent) cases assistance was provided.

Of the valid complaints received, 43.3 per cent related to civil service departments and offices, 36.3 per cent involved local authorities, 17.5 per cent related to health boards, and 3 per cent to An Post.