CANADA | Alberta Ombudsman finds inadequate Regulation impacts benefit access for people with developmental disabilities

The Alberta Ombudsman has released a public report on his investigation into the Persons with Developmental Disabilities (PDD) program which found systemic issues in how the program assesses intellectual capacity. The investigation, initiated by a complaint from a mother advocating for her son, sheds light on legislative flaws in the program’s eligibility criteria and decision-making process.

The complainant’s son was deemed ineligible for the program’s support and was denied access to the PDD program due to his IQ score. The complainant brought this matter forward for appeal and pointed out that the IQ score alone was not indicative of her son’s ability to function in a real-world setting. The panel effectively agreed that the IQ score was not accurate or valid, however, determined they had no recourse to confirm, reverse or vary the decision due to the PDD’s outdated Regulation.

Over 10 years ago, the Court of Queen’s Bench identified the same legislative issue and determined that the Developmental Disabilities Regulation (the Regulation) unfairly limits PDD applicants’ assessment if they lack a reliable IQ score. Justice Ouellette’s 2013 decision emphasized the flawed nature of the legislation, as it was never intended for an IQ score to be the sole determinant of eligibility.

The Ombudsman’s investigation found that Seniors, Community and Social Services (the Department) had reviewed the Regulation three times, yet no amendments were made. As a result, the Ombudsman found section 3 of the Regulation to be unreasonable and improperly discriminatory. Within the report, the Ombudsman highlighted the importance of a fair process when it comes to the individuals applying for the PDD program benefits.

“It is crucial to have supports that allow people with disabilities to be fully included in community life. When people with disabilities have access to services that are based on equitable opportunity, funding, and access to resources, they can continue to lead fulfilling lives and contribute in more meaningful ways.” – Kevin Brezinski, Alberta Ombudsman

To address the systemic issues, the Ombudsman concluded his investigation with two recommendations aimed at improving procedures for future PDD program applicants. While the Department has yet to fully accept and implement the recommendations, the Ombudsman remains hopeful for positive change. With an upcoming review of the Regulation in September 2024, there is an opportunity for the Department to address the longstanding concerns and ensure fair treatment for individuals seeking support through the PDD program.

Source: Alberta Ombudsman, Canada