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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. National Disability Advisory Committee 20 th April 2009. Mission Statement. To provide and deliver an independent, fair, accessible and transparent disability appeals service in a timely and courteous manner.

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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 National Disability Advisory Committee 20th April 2009 ODAO Information Sharing Day Presentation February/March 2009

  2. Mission Statement To provide and deliver an independent, fair, accessible and transparent disability appeals service in a timely and courteous manner ODAO Information Sharing Day Presentation February/March 2009

  3. Objectives of ODAO • To communicate clearly with all who use the service. • To meet timelines when delivering the service. • To be transparent in the way appeals are processed. • To make the service available at locations convenient to all applicants. • To ensure that work practices have a sound legal basis. • To work in accordance with all appropriate codes of governance. • To ensure that all ODAO staff reach a high level of competence. • To operate in as flexible a manner as possible within the legal parameters. • To engage effectively with all stakeholders to bring about a sustainable redress service to all ODAO Information Sharing Day Presentation February/March 2009

  4. Functions of Disability Appeals Officer THE APPEALS OFFICER SHALL BE INDEPENDENT IN THE PERFORMANCE OF HIS OR HER FUNCTIONS UNDER THIS ACT” - Section 16 (2) of the Disability Act 2005 ODAO Information Sharing Day Presentation February/March 2009

  5. PRINCIPLES OF NATURAL JUSTICE “Audi Alterem Partem” Hear the other side “Nemo Iudex In Causa Sua” Do not act as judge (or jury) in your own case Fairness ODAO Information Sharing Day Presentation February/March 2009

  6. Governance KEY PRINCIPLES • LEGALITY • PERFORMANCE STANDARDS • ACCOUNTABILITY ODAO Information Sharing Day Presentation February/March 2009

  7. Basis for an Appeal • By an 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 (15 (8)) • By HSE or an 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 (15 (8) (f)) ODAO Information Sharing Day Presentation February/March 2009

  8. Determinations • Before making a decision the Disability Appeals Officer shall consider the following: • The relevant notice pursuant to Section 18 of the Act 2005 • Any relevant information obtained under Section 18 subsections (6),(7) and (8) of the Act 2005 (i.e. further enquiries, information obtained from persons or entering a premises) • Evidence presented and any representations made at an oral hearing (if heard) and • The matters referred to in Section 11(7) • Relevant constitutional law ODAO Information Sharing Day Presentation February/March 2009

  9. ODAO Appeal Process Pathway This document is intended as a guide to the expected pathway of most appeals made to the Disability Appeals Officer(DAO). The DAO may adopt such procedures as she/he considers appropriate in all the circumstances of any individual case and accordingly this guide should not be relied upon as the process which will be followed in any particular case. For example, an Appeal may be referred to mediation at any time after the commencement of the Appeal and not just at Stage 5. Similarly, a decision of the DAO regarding whether to hold an oral hearing may be taken or reconsidered at any stage. ODAO Information Sharing Day Presentation February/March 2009

  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 • 11.Enforcement of Determination/ Resolution Agreement Yes 7. Further Investigation Decision made to; Issue a determination Refer to oral hearing Yes Yes Yes Yes 9. Determination Finalised and parties informed 8. Oral Hearing Yes ODAO Information Sharing Day Presentation February/March 2009

  11. Mediation • Disability Appeals Officer can refer the appeal to mediation if • She/He 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 agreement will be recorded in writing and signed by the parties • A mediation agreement is enforceable through the courts ODAO Information Sharing Day Presentation February/March 2009

  12. Mediation Pathway • Referral from DAO to Mediation Officer (MO) • MO contacts Applicant and HSE • MO writes to Applicant and HSE with information leaflet • MO facilitates separate meetings with parties to discuss process • MO Secures Agreement to Mediate from both parties and sets a date • Mediation takes place • Resolution agreed and signed by both parties • Resolution not agreed MO refers appeal back to DAO to continue on the ODAO Appeal Process Pathway ODAO Information Sharing Day Presentation February/March 2009

  13. ODAO Appeals Received 23 ODAO Information Sharing Day Presentation February/March 2009

  14. Grounds for Appeal ODAO Information Sharing Day Presentation February/March 2009

  15. Geographical Spread 10 4 3 3 ODAO Information Sharing Day Presentation February/March 2009

  16. LHO Area ODAO Information Sharing Day Presentation February/March 2009

  17. Current Status of AppealsJan 2009 ODAO Information Sharing Day Presentation February/March 2009

  18. Number of Complaintsreceived by HSE vs. Number ofAppeals Lodged to ODAO 1st June 2007 – 31st Jan 2009 ODAO Information Sharing Day Presentation February/March 2009

  19. ODAO Information Sharing Day Presentation February/March 2009

  20. ODAO Personnel • Mary Caffrey, Executive Officer 01 4614224 • Eileen Duffy, Mediation Officer 01 4641981 ext 4231 • Teresa Dykes, Disability Appeals Officer 01 4614228 ODAO Information Sharing Day Presentation February/March 2009

  21. ODAO Contact Details Office of the Disability Appeals Officer 1st Floor, Dolcain House Monastery Road Clondalkin Dublin 22 01 4614211 Lo Call 1850 211583 www.odao.ie ODAO Information Sharing Day Presentation February/March 2009

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