Dr. Cara McDonagh:

There was the Ombudsman's request for reports, but also solicitors' letters and legal actions. This has gone on for many years. It is also important to say that the DDMBA sounds very grand, but the reality is that I also have a full clinical commitment. I undertook my work with disabled drivers as part of my role, but there was me and an administrator, while the doctors came in on a sessional basis. We had very little support. I refer to assistance with the sorts of legal issues mentioned. Many legal issues arose on foot of the ruling by the Supreme Court and it was hard for me to access the legal advice. The Department had sought it, but did not want to share it with me. In fact, it became quite difficult and stressful to deal with that aspect.

It was a big factor for us. We are clinicians, and not lawyers or specialists in international or disability law. We knew our situation was tricky and we spent a lot of time explaining the situation to people. Most people would have come away feeling we had understood their difficulties. There were probably fewer complaints because of that. Of course, people had the right to complain and we told them they had the right to complain to the Ombudsman if they were not happy with the decisions made. All the letters received by applicants contain that information. Most of the people getting this benefit when they appeal are people whose situations have progressed. They have progressive conditions. I am explaining this because the community care doctors often get this right. The people who generally do get to avail of this scheme after appeal are generally people whose conditions have progressed, which means they meet the criteria.