Information Evening - Disability Appeals Officer

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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
18th April 2011
Dublin.
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
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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
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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
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Appeal: a concept
 Redress
 To
seek Relief or Remedy
(Gifis 1983)
ODAO Information Evening
Presentation 2011
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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
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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
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How do Applicants arrive at the
Appeal Process
1.
2.
3.
4.
5.
6.
7.
8.
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
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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

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4. ODAO Preliminary enquiries:
1. Application
Received
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
2. Screen to
establish validity
Awaiting submission of data
Resolution Agreed
Signed resolution document is
copied to applicant & provider &
DAO by Mediation Officer
Yes
Yes
6. Mediation
No. Resolution
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
not agreed
Yes
10
10
Publication of final
anonymous
Determination
Enforcement of
Determination/
Resolution Agreement
(Where/When relevant)
SI 470 of 2009
Yes
7. Further Investigation
Decision made to;
Yes
Issue a determination
Refer to oral hearing
Yes
Yes
9. Determination
Finalised and parties
informed
ODAO Information Evening
Yes2011
Presentation
8. Oral Hearing
10
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
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ODAO Purpose:
To provide and deliver an independent,
fair, accessible and transparent
appeals service in a timely and
courteous manner
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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
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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
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The 10 questions I ask before
determining Appeals:
1.
Are the grounds clear and has jurisdiction been proven
2.
What are the issues raised by the Appeal
3.
Is the evidence supporting the grounds
4.
Have I all the relevant information
5.
Do I need to make further enquires under s 18(6),(7) & (8)
6.
Has the applicant & respondent been given adequate opportunity with all relevant
information to respond; Affording fair procedure (Article 40.3 of the Irish Constitution)
7.
Has the Appeal been tested /examined against the legal framework relevant to the Act
8.
Is the decision I am making clear, reasonable and fair?
ODAO Information Evening
Presentation 2011
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Analysis of grounds for Appeals concluded in
2010 (10)
Grounds of
Appeal
involved
Number of
Appeals
Percentage
Against a finding by the
Complaints Officer that
his complaint was not
well founded
5
50%
Against a
recommendations of a
Complaints Officer
1
10%
Against the non
implementation of the
recommendations of the
Complaints Officer
4
40%
ODAO Information Evening
Presentation 2011
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Status of Appeals at year end 2010
No. of Appeals
C/O 2009
9
8
No of Appeals
received in
2010
No of Appeals
resolved by
Mediation
No of Appeals
determined in
2010
No of Appeals
c/o to 2011
7
6
5
4
3
2
1
0
ODAO Information Evening
Presentation 2011
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Independent
Legal
Support Team
Continuous Review of
Core Competencies
ODAO
Model in Practice
Evaluation of methodology
Independent
Security
Systems
Independent
Mediation
Supervision
ODAO Information Evening
Presentation 2011
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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: [email protected]
Web: www.odao.ie
ODAO Information Evening
Presentation 2011
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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
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Additional
Information
ODAO Information Evening
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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
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References:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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
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The ODAO Agenda:




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)
ODAO Information Evening
Presentation 2011
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