ODAO Information Sharing Day Presentation February/March Office of the Disability Appeals Officer Oifig an Oifigigh Achomhairc um Míchumas National Disability Advisory Committee 20 th April 2009

ODAO Information Sharing Day Presentation February/March 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 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 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 Fairness 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

ODAO Information Sharing Day Presentation February/March Governance KEY PRINCIPLES  LEGALITY  PERFORMANCE STANDARDS  ACCOUNTABILITY

ODAO Information Sharing Day Presentation February/March 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 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 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 ODAO Preliminary enquiries: Seeking documents from relevant parties (Applicant/HSE/EDS), requesting submission in relation to the Appeal 6. Mediation Resolution Agreed Signed resolution document is copied to applicant & provider & DAO by Mediation Officer 9. Determination Finalised and parties informed 8. Oral Hearing 3. Inform Applicant/Appellant of outcome of screening, and notify the Respondent of the Appeal 2. Screen to establish validity 1. Application Received 10 Publication of final anonymous Determination Awaiting submission of data 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 11. Enforcement of Determination/ Resolution Agreement Yes No. Resolution not agreed Yes 7. Further Investigation Decision made to; Issue a determination Refer to oral hearing

ODAO Information Sharing Day Presentation February/March 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 Mediation Pathway 1.Referral from DAO to Mediation Officer (MO) 2.MO contacts Applicant and HSE 3.MO writes to Applicant and HSE with information leaflet 4.MO facilitates separate meetings with parties to discuss process 5.MO Secures Agreement to Mediate from both parties and sets a date 6.Mediation takes place 7.Resolution agreed and signed by both parties 8.Resolution not agreed MO refers appeal back to DAO to continue on the ODAO Appeal Process Pathway

ODAO Information Sharing Day Presentation February/March ODAO Appeals Received 23

ODAO Information Sharing Day Presentation February/March Grounds for Appeal

ODAO Information Sharing Day Presentation February/March Geographical Spread

ODAO Information Sharing Day Presentation February/March LHO Area

ODAO Information Sharing Day Presentation February/March Current Status of Appeals Jan 2009

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

ODAO Information Sharing Day Presentation February/March ODAO Independent Legal Support Team Independent Security Systems Independent Mediation Supervision Continuous Review of Core Competencies

ODAO Information Sharing Day Presentation February/March ODAO Personnel  Mary Caffrey, Executive Officer  Eileen Duffy, Mediation Officer ext 4231  Teresa Dykes, Disability Appeals Officer

ODAO Information Sharing Day Presentation February/March ODAO Contact Details Office of the Disability Appeals Officer 1st Floor, Dolcain House Monastery Road Clondalkin Dublin Lo Call