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 18 th April 2011 Dublin.

ODAO Information Evening Presentation 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 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

ODAO Information Evening Presentation 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 Appeal: a concept Redress To seek Relief or Remedy (Gifis 1983)

ODAO Information Evening Presentation 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 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

ODAO Information Evening Presentation How do Applicants arrive at the Appeal Process 1. Apply for Assessment of Need 2. Not happy with this process for reasons defined under section 9-11 Of the Act 3. Lodge complaint to Complaints Office of HSE under s 14(1) of Act 4. The Complaints Officers determine complaints and issue his/her decision within a dated Complaints Officers Report 5. 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 6. 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)] 7. Extensions for time to appeal maybe granted with valid reasons up to 18 weeks post Complaints Officers Report under s18(4) 8. Disability Appeals Officer determines valid appeals

ODAO Information Evening Presentation 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

ODAO Information Evening Presentation 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 10 Enforcement of Determination/ Resolution Agreement (Where/When relevant) SI 470 of 2009 Yes No. Resolution not agreed Yes 7. Further Investigation Decision made to; Issue a determination Refer to oral hearing

ODAO Information Evening Presentation 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 ODAO Purpose: To provide and deliver an independent, fair, accessible and transparent appeals service in a timely and courteous manner

ODAO Information Evening Presentation 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 Determination and Reasons for Decision Report 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 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 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 550% Against a recommendations of a Complaints Officer 110% Against the non implementation of the recommendations of the Complaints Officer 440%

ODAO Information Evening Presentation Status of Appeals at year end 2010

ODAO Information Evening Presentation ODAO Model in Practice Independent Legal Support Team Independent Security Systems Independent Mediation Supervision Evaluation of methodology Continuous Review of Core Competencies

ODAO Information Evening Presentation ODAO Personnel  Mary Caffrey, Executive Officer  Donna Grehan, Higher Executive Officer  Eileen Duffy, Mediation Officer  Teresa Dykes, Disability Appeals Officer Lo Call E mail: Web:

ODAO Information Evening Presentation 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

ODAO Information Evening Presentation Additional Information

ODAO Information Evening Presentation 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 References: 1. Disability Act The Disability Act 2005 (Commencement) Order 2007 (S.I. 234 of 2007) 3. Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007( S.I. No.263 of 2007) 4. Chartered Institute of Arbitrators Judicial Studies Board Essential Skills and Competencies Judicial Studies Board Advanced Judicial Skills Annual Report of the Disability Appeals Officer Annual Report of the Disability Appeals Officer 2010 (not yet published) 9. Peter Fenn within the Consultation Paper Alternative Dispute Resolution (July 2008) 10. Rules of the Superior Courts (SI No.93 of 2009) 11. The Circuit Court Rule Order 64B (S.I No. 470 of 2009) 12. Constitution of Ireland 13. Gifis, H. Steven,Dictionary of Legal Terms (2008), Fourth Edition:Barron’s

ODAO Information Evening Presentation The ODAO Agenda: Fairness: The Principles of Natural Justice and Fair Procedures Good Governance: The ODAO Code of Practice nd 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)