Ombudsman (Amendment ) Act 2012

The Medical Council of Ireland is now an agency reviewable by the Ombudsman under the Ombudsman (Amendment) Act 2012.pdf

What Medical Council Functions are Reviewable by the Ombudsman?

The functions of the Medical Council that are reviewable by the Ombudsman are those that relate “to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of medical practitioners under the Medical Practitioners Act 2007 and to its role as the competent authority for the purposes of mutual recognition of medical qualifications obtained in or recognised by a Member State”.  This scope is specified at point (l) of Part 2 of the First Schedule of the Ombudsman (Amendment) Act 2012 which lists agencies reviewable by the Medical Council.

Medical Council administrative functions relating to the establishment and maintenance of a register of medical practitioners is set out in Part 6 of the Medical Practitioners Act 2007.pdf  and you can find out more about registration here

I am unhappy with the Medical Council’s administration of my assessment for registration as a doctor – what can I do to resolve this?

There is information about how we assess registration applications here.  Reviewing this information, will help you to understand the process.  This may prevent and address any concern you experience regarding the assessment of your application. 

If you are unhappy with the administration of your assessment for registration as a doctor with the Medical Council, you can raise this with the member of staff dealing with this who will seek to resolve your concern.  In some cases, the Head of registration may become involved to help. 

If you are unhappy with the outcome of your assessment for registration, you may request a review.  Further information is available in the document procedures for the internal review of decisions.pdf. You can also ask for review of the results of an examination which you completed as part of your pre-registration assessment, further information can be found in the PRES Handbook.

If, following review, you are still unhappy with the outcome of your assessment for registration, you have a legal right to appeal to the Court against the decision under the provisions of sections 54 and Section 81 of the Medical Practitioners Act 2007.pdf.

For administrative action undertaken by the Medical Council from the 1st of May 2013 you may now bring your concern to the Ombudsman.   In its initial consideration of your concern, the Ombudsman’s Office will generally expect that you take reasonable steps to resolve the matter with the Medical Council in the first instance.  Your right to raise a concern with the Ombudsman will be highlighted to registration applicants in communication from the Medical Council from 1st of May 2013.  This does not interfere with you right to appeal to the Court against a registration decision made by the Medical Council. 

In proceeding with reviewing your concern, the Ombudsman will liaise with the Medical Council.  The Medical Council has appointed a Ombudsman Liaison Officer: Dr Paul Kavanagh, Director of Professional Development and Practice.  The Liaison Officer will work with the Ombudsman to understand and resolve your concern.  Where opportunities to improve Medical Council functions are identified in the course of reviewing a concern, learnings will be implemented. 

I am unhappy with the Medical Council’s administration of my complaint about a doctor – can I bring this concern to the Ombudsman?

The functions of the Medical Council that are reviewable by the Ombudsman are those that relate “to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of medical practitioners under the Medical Practitioners Act 2007 and to its role as the competent authority for the purposes of mutual recognition of medical qualifications obtained in or recognised by a Member State”.  This scope is specified at point (l) of Part 2 of the First Schedule of the Ombudsman (Amendment) Act 2012 which lists agencies reviewable by the Medical Council.  Medical Council administrative functions relating to complaints against registered medical practitioners is set out in Parts 7, 8 and 9 of the Medical Practitioners Act 2007.pdf and you can find out more about complaints here.    

Where can I find out more about the Ombudsman?

You can access more information about the Ombudsman here

Further Information

Role of the Ombudsman Liaison Officer.pdf