Disability Act 2005

Enforcement of determinations, etc.

22

22.—(1) ( a) If the Executive or the head of the education service provider concerned fails—

(i) to implement in accordance with its terms a determination of the appeals officer in relation to an appeal under section 18 , or

(ii) to give effect to a resolution arrived at under section 19 , or

(iii) to implement in full a recommendation of a complaints officer,

within 3 months from the date on which the determination, resolution or recommendation is communicated to him or her or, where the determination, resolution or recommendation specifies a date for the provision of a service, within 3 months from the date specified in the determination, resolution or recommendation for such provision, then, the applicant concerned, a person referred to in section 9(2) or the appeals officer may apply to the Circuit Court on notice to the Executive or the head of the education service provider concerned for an order directing him or her to implement the determination or recommendation in accordance with its terms or to give effect to the resolution, as the case may be.

( b) The reference in paragraph (a) to a determination of the appeals officer or a recommendation of a complaints officer is a reference to a determination or recommendation in relation to which, at the expiration of the time for bringing an appeal under section 18 or section 20 , as the case may be, no such appeal has been brought or if such an appeal has been brought it has been abandoned and the reference to the date on which the determination or recommendation, as the case may be, is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.

(2) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of the court for the time being assigned to the Dublin circuit or, at the option of the applicant, or a person referred to in section 9(2) , by the judge of the circuit in which the applicant ordinarily resides or carries on any profession, business or occupation.