This document describes the complaints system for public health services provided by, or on behalf of, the Health Service Executive (HSE).
Private health services
For information about making a complaint about a private health service visit healthcomplaints.ie which provides information on making complaints about private and public health services.
Public health services
There is a statutory complaints system for anyone seeking or receiving public health or personal social services who wishes to make a complaint about the HSE. The complaints system also covers service providers with HSE contracts who provide health or personal social services on behalf of the HSE. The law governing the complaints system is set out in Part 9 of the Health Act 2004.
What can you make a complaint about?
You may make a complaint about any action of the HSE or a service provider that, in your view, doesn’t seem to be fair or reliable administrative practice and that adversely affects you, or someone on whose behalf you are making a complaint.
Administrative practice refers to the way decisions are made and how services operate. Under the complaints system, administrative practice isn’t considered to be fair or reliable if it is:
- Taken without proper authority
- Taken on irrelevant grounds
- The result of negligence or carelessness
- Based on erroneous or incomplete information
- Improperly discriminatory
- Based on undesirable administrative practice
- In any other respect, against fair or sound administration
Who can make a complaint?
If you are unable to make a complaint on your own behalf due to your age, illness or disability, someone else can make a complaint on your behalf. These people include:
- A close relative or carer.
- Anyone appointed by law or the courts to take care of your affairs. (This would seem to include a Committee of a Ward of Court or someone appointed under an Enduring Power of Attorney . It is not however entirely clear as the law which applies to Committees and Attorneys gives them specific and not general powers).
- A legal representative.
- Anyone else with your consent.
- Anyone who is appointed, as set out in the Regulations.
Can a complaint be made on behalf of a deceased person?
Yes. In such cases the complaint may be made by a close relative or carer. A close relative includes a parent, guardian, son, daughter, spouse or cohabiting partner. Remember, the complaint must be made within 12 months of the date of the action giving rise to the complaint or of the person becoming aware of the action. A complaints officer may extend the time limit if there are special circumstances involved.
Which complaints are not covered?
You cannot complain about:
- A matter that is, or has been the subject of legal proceedings before a court or tribunal .
- A matter relating solely to the clinical judgment (medical decision) by a person acting on behalf of the HSE or a service provider.
- An action taken by the HSE or a service provider solely on the advice of someone exercising their clinical judgment.
- A matter relating to the recruitment, appointment or terms and conditions of an employee or advisor of the HSE or a service provider.
- A matter relating to the registration of births, marriages and deaths that could be the subject of an appeal (Section 60 of the Civil Registration Act 2004). A matter that could prejudice an investigation being undertaken by the Gardaí.
- A matter that has been brought before any other statutory complaints procedure. (This doesn’t prevent a complaints officer dealing with a complaint that was made to the Ombudsman or the Ombudsman for Children.)