Disgraceful H.S.E. not allowed to access nearest Community Welfare Officer

Freiheit

Was told today that I can no longer access the nearest Community Welfare Officer, the one by far the nearest to me, who I have used for years. Apparently new lines have been drawn on the map and I fall on the wrong side of one of them. The officer I must now attend is 3-4 miles away on a line not served by public transport. The previous officer I attended is about half a mile away and I don't drive.

I just wanted to say that that is so typical of the shambolic HSE. I previously fell foul of the same system while trying to access medical care. I lived on the wrong side of a line and forced to travel 25 miles while the nearest service was just 3. The HSE is built over lines on a map, they don't give a damn about ability or lack of ability to travel and it's incredibly inflexible. I previously sought political intervention and it failed.

The HSE is a complete and utter disgrace and a horror inditement of those presiding over it. People serving life sentences have committed lesser crimes than those behind the Frankenstein HSE.

This post won't change anyway but I just wanted to air my experience.

Maybe in time, together we can do something though.

Danke
F

SerialComplaint

If your inability to travel is related to your disability, you could make a formal request under the Equal Status Acts for a 'reasonable accomodation', i.e. allow you to work with the nearer CWO.

If they refuse, then you'll be off to see the Equality Tribunal.

Freiheit

Ah thanks Serial Complaint, I had no idea of such. I endured huge hardship being forced to travel a few years ago, see above and yes my disability does mean I can't drive.

snorlax

I'd say a medical cert accompanied by an official complaint (written) to the HSE stating you can't drive-photocopied in case they 'lose it' and by registered post). If this is ignored you can take it further through the Disability Act 2005 (comhairle might be good for this).

SerialComplaint

snorlax wrote: »

I'd say a medical cert accompanied by an official complaint (written) to the HSE stating you can't drive-photocopied in case they 'lose it' and by registered post). If this is ignored you can take it further through the Disability Act 2005 (comhairle might be good for this).

There are no explicit rights to service in the Disability Act 2005. The OP's best bet would be a claim under the Equal Status Acts for 'reasonable accomodation'.

snorlax

SerialComplaint wrote: »

There are no explicit rights to service in the Disability Act 2005. The OP's best bet would be a claim under the Equal Status Acts for 'reasonable accomodation'.

sec 27 (disability act) services should be 'accessible so far as is practical' '.

If it's not accessible by public transport and the person can't drive and it's a public building I would say it should be covered. Although the disability act doesn't explicitly say what reasonable accommodation or 'practical' means (its open to interpretation).
http://www.irishstatutebook.ie/2005/en/act/pub/0014/sec0027.html

7.—(1) Where a service is provided to a public body, the head of the body shall ensure that the service is accessible to persons with disabilities.

(2) Subsection (1) shall not apply if the provision of access by persons with disabilities to any services provided to the body—

(a) would not be practicable,

(b) would not be justified having regard to the cost of doing so, or

(c) would cause unreasonable delay in making the goods or services available to other persons.

(3) In this section references to the provision of services include references to the supply of goods.

(4) This section shall come into operation on 31 December 2005.
.

SerialComplaint

S.27 of the Act refers to services provided to a public body, not services provided by a public body. It is intended to cover procurement, where for example, Bus Eireann procures services from a private bus company. It doesn't cover services provided by the HSE CWO.

snorlax

but it covers accessbility for public buildings such as the CWO which should include access to public transport to get to the centre in it's broadest sense.

SerialComplaint

The obligations about public buildings are in S.25 of the Disability Act. These require public bodies to comply with Part-M building regs by 2015. So there is no current obligation, and the Part-M regs say nothing about transport connectivity - they only refer to the building itself.

The Disability Act 2005 is a wild goose chase in this case. Equal Status Acts all the way.

snorlax

its seems a bit ridiculous to make an act which doesn't consider how people might reach public buildings. The disability act therefore is fairly useless. At least section 508 in the US makes sure there's no gray areas. The disability act is full of them. They have certainly failed then in their aims

AN ACT TO ENABLE PROVISION TO BE MADE FOR THE ASSESSMENT OF HEALTH AND EDUCATION NEEDS OCCASIONED TO PERSONS WITH DISABILITIES BY THEIR DISABILITIES, TO ENABLE MINISTERS OF THE GOVERNMENT TO MAKE PROVISION, CONSISTENT WITH THE RESOURCES AVAILABLE TO THEM AND THEIR OBLIGATIONS IN RELATION TO THEIR ALLOCATION, FOR SERVICES TO MEET THOSE NEEDS, TO PROVIDE FOR THE PREPARATION OF PLANS BY THE APPROPRIATE MINISTERS OF THE GOVERNMENT IN RELATION TO THE PROVISION OF CERTAIN OF THOSE, AND CERTAIN OTHER SERVICES, TO PROVIDE FOR APPEALS BY THOSE PERSONS IN RELATION TO THE NON-PROVISION OF THOSE SERVICES, TO MAKE FURTHER AND BETTER PROVISION IN RESPECT OF THE USE BY THOSE PERSONS OF PUBLIC BUILDINGS AND THEIR EMPLOYMENT IN THE PUBLIC SERVICE AND THEREBY TO FACILITATE GENERALLY ACCESS BY SUCH PERSONS TO CERTAIN SUCH SERVICES AND EMPLOYMENT AND TO PROMOTE EQUALITY AND SOCIAL INCLUSION AND TO PROVIDE FOR RELATED MATTERS.

and as regards services:

26.—(1) Where a service is provided by a public body, the head of the body shall—

(a) <b>where practicable and appropriate </b> (vague) , ensure that the provision of access to the service by persons with and persons without disabilities is integrated,

(b) where practicable and appropriate, provide for assistance, if requested, to persons with disabilities in accessing the service if the head is satisfied that such provision is necessary in order to ensure compliance with paragraph (a), and

(c) where appropriate, ensure the availability of persons with appropriate expertise and skills to give advice to the body about the means of ensuring that the service provided by the body is accessible to persons with disabilities.

SerialComplaint

I guess the authors of the Act would say that the provisions for sectoral plans for Dept Transport and Dept Environment would be covering the area of integrated transport to/from public buildings. I'd have some sympathy with this, tbh. If there was an immediate, absolute and explicit right to service, you'd probably be talking about shutting down large numbers of public buildings, including many heritage buildings, at very substantial costs.

But there is no explicit entitlement to a local service or one accessible by public transport in the Disability Act.

snorlax

but on the other hand if you don't leglislate in the future for public bodies to make provisions for this you risk marginalising people with disabilities like the poster above. To be honest though if public bodies were more flexible it would make it easier for people to access their services without neccessitating closures.

Having actually worked for them for 2 years I think I could safetly say they are often inflexible and work to suit themselves rather then the general public. Controversial I know but true.

Freiheit

So what would people recommend I do?.

I feel somewhat hopeless and helpless in this regard as I did my best a few years ago, contacting politicans and even going on Newstalk radio, many sympathised, but nothing changed.:(

The HSE is clearly staff ,not patient centred.

SerialComplaint

Here's my recommendation; http://boards.ie/vbulletin/showpost.php?p=70165898&postcount=2

snorlax

a written formal letter by registered post.