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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 Information Sharing Day February2009. 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 Information Sharing Day February2009

  2. Mission Statement To provide and deliver an independent, fair, accessible and transparent disability appeals service in a timely and courteous manner

  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 the 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. Functions of ODAO THE APPEALS OFFICER SHALL BE INDEPENDENT IN THE PERFORMANCE OF HIS OR HER FUNCTIONS UNDER THIS ACT” - Section 16 (2) of the Disability Appeals Act 2005

  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

  6. Governance KEY PRINCIPLES • LEGALITY • PERFORMANCE STANDARDS • ACCOUNTABILITY

  7. Basis for an Appeal • By an applicant • 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 • By HSE or an education service provider • Against the recommendation of a Complaints Officer relating to the provision of a service specified in the Service Statement

  8. What happens when an appeal is received by the ODAO

  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. The Appeals Officer may adopt such procedures as he/she 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 Appeals Officer regarding whether to hold an oral hearing may be taken or reconsidered at any stage.

  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 and 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 Determinations 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

  11. 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 agreement will be recorded in writing and signed by the parties • A mediation agreement is enforceable through the courts

  12. 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)

  13. ODAO Personnel • Mary Caffrey, Executive Officer 01 4614224 • Eileen Duffy, Mediation Officer 01 4641981 ext 4231 • Teresa Dykes, Disability Appeals Officer 01 4614228

  14. ODAO Contact Details Office of the Disability Appeals Officer 1st Floor, Dolcain House Monastery Road Clondalkin Dublin 22 01 4614211 Lo Call 1850 211583

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