1. ODAO Information Sharing Day Presentation February/March 2009 1 Office of the Disability Appeals Officer Oifig an Oifigigh Achomhairc um Míchumas National Disability Advisory Committee 20 th April 2009

2. 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

3. 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

4. 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

5. ODAO Information Sharing Day Presentation February/March 2009 5 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

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

7. 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))

8. 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

9. 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.

10. 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 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

11. 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

12. ODAO Information Sharing Day Presentation February/March 2009 12 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

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

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

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

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

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

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

19. ODAO Information Sharing Day Presentation February/March 2009 19 ODAO Independent Legal Support Team Independent Security Systems Independent Mediation Supervision Continuous Review of Core Competencies

20. 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

21. 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