This complaints procedure allows anyone receiving adoption services to make a complaint about the actions or failures of the Adoption Authority of Ireland. The complaints system also covers registered Accredited Bodies who provide various adoption related services.
What can you make a complaint about?
You may make a complaint about any action of the Authority or an Accredited Body that:
- In your view, doesn’t seem to be fair or reliable administrative practice and
- Adversely affects you, or someone on whose behalf you are making a complaint.
What is fair or reliable administrative practice?
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; or
- In any other respect, against fair or sound administration.
Who can make a complaint?
It is open to any individual affected to make a complaint. If you are unable to make a complaint on your own behalf due to your age, illness or disability, you can nominate someone else to make the complaint on your behalf, for example
- A close relative;
- Anyone appointed by law or the courts to take care of your affairs;
- A legal representative; or
- Anyone else with your consent.
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 decision of the Authority in performing its statutory functions (for example an application for an adoption order or an application for an entry in the Register of Intercountry Adoptions);
- A matter relating to the recruitment, appointment or terms and conditions of an employee of the Authority recruited through the Public Appointments Service;
- A matter that could prejudice an investigation being undertaken by An Gárda Síochana;
- A matter that has been brought before any other statutory complaints procedure.
How to make a complaint
Are complaints officers required to fully investigate every complaint?
No. Complaints officers may not initiate or may stop investigating a complaint for various reasons. For example, if the complaint is trivial or vexatious.
What recommendations can a complaints officer not make?
A Complaints Officer may not recommend overturning a decision of the Authority which it has made in performing its statutory functions.
How to appeal
If a customer is not satisfied with the outcome of the investigation of a complaint, the matter may be appealed to the Appeals Officer. The deadline for repsonding to appeals will be the same as those for formal complaints (outlined above).
Appeals should be addressed to Complaints Appeals Officer, Shelbourne House, Shelbourne Road, Ballsbridge, Dublin D04 H6F6.
Where to send your complaint
Complaints should be addressed to the Unit Manager, Name of the Relevant Unit, Shelbourne House, Shelbourne Road, Ballsbridge, Dublin D04 H6F6 or you can email the managers at the addresses below.
If the complaint is about a Unit Manager it should be addressed to the Head of Compliance & Resources, Adoption Authority of Ireland, Shelbourne House, Shelbourne Road, Ballsbridge, Dublin D04 H6F6.
Complaint in relation to an Accredited Body
If you wish to make a complaint about an accredited body, you should initially contact the complaints officer for the accredited body. If you have exhausted the complaints process in the accredited body and are not satisfied with the outcome you may then complain to the Adoption Authority. Your complaint should be made in writing to the Accreditation Unit, Adoption Authority of Ireland, Shelbourne House, Shelbourne Road, Ballsbridge, Dublin D04 H6F6.
If you have exhausted the Authority's complaints process and are not satisfied with the outcome you may complain to the Ombudsman or the Ombudsman for Children.
The OCO is a quasi-judicial body with a mandate to accept and investigate complaints about how the State is providing services or making decisions for children.