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Office of the Disability Appeals Officer Oifig an Oifigigh Achomhairc um Míchumas

Office of the Disability Appeals Officer Oifig an Oifigigh Achomhairc um Míchumas. What and Who is the Disability Appeals Officer? Teresa Dykes Disability Appeals Officer 18 th April 2011 Dublin. Purpose of Information Evening ;.

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Office of the Disability Appeals Officer Oifig an Oifigigh Achomhairc um Míchumas

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  1. Office of the Disability Appeals OfficerOifig an Oifigigh Achomhairc um Míchumas What and Who is the Disability Appeals Officer? Teresa Dykes Disability Appeals Officer 18th April 2011 Dublin.

  2. Purpose of Information Evening; • To outline the role & function of Disability Appeals Officer under the Disability Act 2005 • To walk through the Appeals Process • To answer questions • To make the DAO visible ODAO Information Evening Presentation 2011

  3. Who is the Disability Appeals Officer ( “the DAO”) Teresa Dykes, ODAO, Ground Floor , Block D, Abbey Court, Irish Life Centre, Lower Abbey Street, Dublin 1. Lo Call 1850 211 583 ODAO Information Evening Presentation 2011

  4. What does the Disability Appeals Officer do? • The DAO provides a redress service to eligible applicants who have accessed the Assessment of Need process and who are not satisfied with various aspects as determined by sections 9-15 Of the Disability Act 2005 ( “the Act”). ODAO Information Evening Presentation 2011

  5. Appeal: a concept • Redress • To seek Relief or Remedy (Gifis 1983) ODAO Information Evening Presentation 2011

  6. Basis for an Appeal under the Act by the Applicant section 18(1) • Against a finding or recommendation of a Complaints Officer • Against the non implementation of a Complaints Officer’s recommendation by HSE or an education service provider ODAO Information Evening Presentation 2011

  7. By the HSE or education service provider section 18(2) • Against the recommendation of a Complaints Officer relating to the provision of a service specified in the Service Statement ODAO Information Evening Presentation 2011

  8. How do Applicants arrive at the Appeal Process • Apply for Assessment of Need • Not happy with this process for reasons defined under section 9-11 Of the Act • Lodge complaint to Complaints Office of HSE under s 14(1) of Act • The Complaints Officers determine complaints and issue his/her decision within a dated Complaints Officers Report • If the applicant is unhappy with the findings of the Complaints Officers Report in part or in whole or unhappy that the recommendations of Complaints Officers Report is not implemented by HSE/Ed Service Provider • Lodge an Appeal within 6 weeks of the Complaints Officers Report under s 18(3) which is pursuant to relevant sections of Act [i.e. s18(1) or 18(2)] • Extensions for time to appeal maybe granted with valid reasons up to 18 weeks post Complaints Officers Report under s18(4) • Disability Appeals Officer determines valid appeals ODAO Information Evening Presentation 2011

  9. Outcome of Valid Appeals; • Resolution Agreement through Mediation • Determined through the Determination and Reasons for Decision Report • Withdrawn if so initiated by the applicant only ODAO Information Evening Presentation 2011

  10. 4. ODAO Preliminary enquiries: Seeking documents from relevant parties (Applicant/HSE/EDS), requesting submission in relation to the Appeal 3. Inform Applicant/Appellant of outcome of screening, and notify the Respondent of the Appeal 1. Application Received 2. Screen to establish validity Awaiting submission of data Resolution Agreed Signed resolution document is copied to applicant & provider & DAO by Mediation Officer • 5. Assessment of the Appeal: • Evaluation of documents and information obtained for the purposes of deciding whether to: • Refer to mediation • Undertake an investigation; and/or • Refer to an oral hearing; and/or • Issue a determination Yes Yes 6. Mediation No.Resolution not agreed 10 Publication of final anonymous Determination • 10 • Enforcement of Determination/ Resolution Agreement • (Where/When relevant) • SI 470 of 2009 Yes Yes 7. Further Investigation Decision made to; Issue a determination Refer to oral hearing Yes Yes Yes 9. Determination Finalised and parties informed 8. Oral Hearing Yes ODAO Information Evening Presentation 2011

  11. Functions of the Disability Appeals Officer • To validate application to appeal • To seek relevant information • To make further enquiries • To examine • To refer when relevant to mediation • To investigate • To conduct oral hearings if required • To determine Appeals • To enforce under Circuit Court Rules ODAO Information Evening Presentation 2011

  12. ODAO Purpose: To provide and deliver an independent, fair, accessible and transparent appeals service in a timely and courteous manner ODAO Information Evening Presentation 2011

  13. Mediation: • Appeals Officer can refer the appeal to mediation if • She is of the opinion that the appeal could be resolved at mediation and • The applicant does not object to mediation • If mediation is successful the resolution will be recorded in writing and signed by the parties • A mediation resolution is enforceable through the courts ODAO Information Evening Presentation 2011

  14. Determination and Reasons for Decision Report 2011 1. Summary to assist the reader to quickly understand the issues in the Appeal and the Appeal outcome. 2. Determination & Reasons for Decision section: • Background & Appeal issues; • Statutory Considerations; • Investigation & Findings; • The Case of the Applicant; • The Case of the Respondent (HSE); • Relevant legal principles applied; • Findings in respect of the issues raised by the Appeal; 3. Determination 4. Publication 5. Appendices/Annex ODAO Information Evening Presentation 2011

  15. The 10 questions I ask before determining Appeals: • Are the grounds clear and has jurisdiction been proven • What are the issues raised by the Appeal • Is the evidence supporting the grounds • Have I all the relevant information • Do I need to make further enquires under s 18(6),(7) & (8) • Has the applicant & respondent been given adequate opportunity with all relevant information to respond; Affording fair procedure (Article 40.3 of the Irish Constitution) • Has the Appeal been tested /examined against the legal framework relevant to the Act • Is the decision I am making clear, reasonable and fair? ODAO Information Evening Presentation 2011

  16. Analysis of grounds for Appeals concluded in 2010 (10) ODAO Information Evening Presentation 2011

  17. Status of Appeals at year end 2010 ODAO Information Evening Presentation 2011

  18. ODAO Information Evening Presentation 2011

  19. ODAO Personnel • Mary Caffrey, Executive Officer • Donna Grehan, Higher Executive Officer • Eileen Duffy, Mediation Officer • Teresa Dykes, Disability Appeals Officer Lo Call 1850 211 583 E mail: appeal@odao.ie Web: www.odao.ie ODAO Information Evening Presentation 2011

  20. ODAO Contact Details Office of the Disability Appeals Officer Ground Floor Block D Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Lo Call 1850 211583 ODAO Information Evening Presentation 2011

  21. Additional Information ODAO Information Evening Presentation 2011

  22. The 7 C Principle of making good Decisions(Judicial Studies Board 2008), to support clear and rational determinations within the appeals process. • Consistency- both internally and externally • Corroboration- including corroboration of all documents • Context- does the appeal the Disability Appeals Officer is considering fit with available objective evidence and the context for the events involved. • Credibility- facts are tested against the evidence so that decisions made by the Disability Appeals Officer are credible • Cover up- that there is no reason that the applicant/appellant/respondent are concealing any relevant information • Conduct- relevant to each case • Critical Examination- has the evidence been thoroughly tested by the Disability Appeals Officer ODAO Information Evening Presentation 2011

  23. References: • Disability Act 2005 • The Disability Act 2005 (Commencement) Order 2007 (S.I. 234 of 2007) • Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007( S.I. No.263 of 2007) • Chartered Institute of Arbitrators 2008 • Judicial Studies Board Essential Skills and Competencies 2008 • Judicial Studies Board Advanced Judicial Skills 2010 • Annual Report of the Disability Appeals Officer 2009 • Annual Report of the Disability Appeals Officer 2010 (not yet published) • Peter Fenn within the Consultation Paper Alternative Dispute Resolution (July 2008) • Rules of the Superior Courts (SI No.93 of 2009) • The Circuit Court Rule Order 64B (S.I No. 470 of 2009) • Constitution of Ireland • Gifis, H. Steven ,Dictionary of Legal Terms (2008), Fourth Edition:Barron’s ODAO Information Evening Presentation 2011

  24. Fairness: The Principles of Natural Justice and Fair Procedures Good Governance: The ODAO Code of Practice 2010 2nd Edition, Code of Practice for the Governance of state Bodies 2009 Effective Communication: To inspire confidence in all who access the service Performance Standards: e.g.7 C’s Principle (JSB 2008), Facilitative Model of Mediation (Chartered Institute of Arbitrators) The ODAO Agenda: ODAO Information Evening Presentation 2011

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