PAGE 2 - What to do if you feel your rights have been violated, where to complain and how to make a case

Step 3: At the Equality Tribunal

Mediation

The Director of the Equality Tribunal can at any stage with the consent of both parties, appoint a mediation officer. If the mediation reaches a settlement between both parties then the terms are legally enforceable.

Investigation

If the case is not dealt with by mediation or the mediation fails, the claim then proceeds to be investigated and the Director of the Equality Tribunal appoints an Equality Officer to investigate, hear and decide the claim. Investigations are held in private. The Equality officer will issue a determination.

Representation and costs

A complainant may represent themselves or be represented by a lawyer, trade union, community group or other representative. In general, costs are not awarded. Costs in respect of travelling and other expenses (except expenses of representative) can be awarded where a person obstructs or impedes the investigation or appeal.

Remedies

If there is a finding in favour of the person making a complaint, compensation of up to E6,350 in total can be ordered. The Equality Officer can also order persons to take specified courses of action.

Strike out of claim

The Director of the Equality Tribunal can dismiss a claim if she/he is of the opinion that it has been made in bad faith, or is frivolous, vexatious or misconceived or relates to a trivial matter or after a year it appears that the complainant has not pursued the claim.

Appeals

All decisions (including decisions on time limits and striking out of the claim) may be appealed to the Circuit Court not later than 42 days from the date of the decision. There is no further right of appeal except to the High Court on a point of law.

Enforcement

A decision of the Director or a mediation settlement which has not been complied with may be enforced through the Circuit Court.

For more information about any of the above, please don’t hesitate in contacting Shane O’Halloran, Development Officer for Aspire on development@aspire-irl.org. The above information was also sourced from Amnesty International (Irish Section) and the relevant organizations listed. 

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Ombudsman for Children

Duty in performance of functions: ‘have regard to the best interests of the child concerned and shall, in so far as practicable, give due consideration, having regard to the age and understanding of the child, to his or her wishes’

Functions: ‘shall promote the rights and welfare of children’

(i) Advise Minister for Children and other Ministers;

(ii) Encourage public bodies etc. to develop policies and practices;

(iii) Promote awareness etc. [includes exchange information and co-operate with Ombudsman for Children of other States];

Power to establish structures for consultation regularly with grou ps of children he or she considers representative of children

When does the Ombudsman investigate? When a complaint is made to him or her or it appears having regard to all the circumstances that an investigation of the action is warranted.

Who can make a complaint?

(i) parent of the child

(ii) any other person who, by reason of that person's relationship (including professional relationship) with the child and his or her interest in the rights and welfare of the child, is considered by the Ombudsman for Children to be a suitable person to represent the child.

What are the exclusions?

(i) Trivial or vexatious, (ii) insufficient interest in the matter of child making complaint (iii) has not taken reasonable ste ps to seek redress or, if he or she has, has not been refused redress, or (iv) the la ps e of time since the occurrence - makes effective redress impossible or impracticable.

(i) Not necessary to investigate –if being or has been investigated in another case

For more information about any of the above, please don’t hesitate in contacting Shane O’Halloran, Development Coordinator for Aspire on development@aspire-irl.org. The above information was also sourced from Amnesty International (Irish Section) and the relevant organizations listed.

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