The Equality Tribunal rejected Mrs K’s discrimination and victimisation claims against the Health Service Executive South, formerly The Southern Health Board, over services for her daughter. Equality Officer Enda Murphy dated the decision 30 January 2009.
Mrs K complained about delays in getting a wheelchair, a bath seat and a ceiling hoist, and about the time taken to adapt a car seat. She also raised concerns about the quality and continuity of home help. The HSE denied treating Mrs K or her daughter less favourably and said the complaint lacked specific incident dates.
The officer accepted there may have been delays but found they resulted from financial constraints or inadequate staffing and did not amount to less favourable treatment on the claimed grounds. He found no evidence of an ongoing policy of less favourable treatment. The claims on marital status, family status, disability and victimisation grounds failed. A separate allegation about hospital care in 1997 was outside the scope of the Equal Status Acts, which came into effect later.