ODAO Information Sharing Day Presentation February/March 2009 1 Office of the Disability Appeals...

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

20th April 2009


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 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 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

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

Governance

KEY PRINCIPLES

LEGALITY PERFORMANCE STANDARDS ACCOUNTABILITY


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

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 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

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

informed8. 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

10Publication 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 mediationUndertake an investigation; and/or

Refer to an oral hearing; and/orIssue a determination

11. Enforcement of

Determination/ Resolution Agreement

YesYes

Yes

No. Resolution not

agreed

Yes

Yes

Yes

Yes

Yes

7. Further InvestigationDecision made to;

Issue a determination Refer to oral hearing


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 andThe 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

Mediation Pathway

1. Referral from DAO to Mediation Officer (MO)2. MO contacts Applicant and HSE3. MO writes to Applicant and HSE with information leaflet4. MO facilitates separate meetings with parties to

discuss process5. MO Secures Agreement to Mediate from both parties

and sets a date6. Mediation takes place7. Resolution agreed and signed by both parties8. Resolution not agreed MO refers appeal back to DAO to

continue on the ODAO Appeal Process Pathway


13

ODAO Appeals Received 23

20

12

Valid AppealsWithdrawnInvalid Appeals


14

Grounds for Appeal

5

15

Service StatementAON process


15

Geographical Spread

0

2

4

6

8

10

12

HSE Dub MidLeinster

HSE South HSE West HSE DubNorth East

10

43 3


16

LHO Area

Kildare/West Wicklow

Dublin South West

Dublin North West

Dublin North Central

Dublin South Central

South Dublin

Wicklow

Cork North Lee

Cork South Lee

Galway

0 0.5 1 1.5 2 2.5 3 3.5

322

11

31

22

3


17

Current Status of AppealsJan 2009

At Examination

Referred to Mediation

At Determination

Likely to be referred to Mediation

Decided

0 1 2 3 4 5 6 7

6

5

5

3

1


18

Number of Complaintsreceived by HSE vs. Number ofAppeals Lodged to ODAO

212

23

ComplaintsAppeals

1st June 2007 – 31st Jan 2009


19

Continuous Review of

Core Competencies

Independent Mediation

Supervision

Independent Security Systems

Independent Legal

Support Team

ODAO


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 Contact Details

Office of the Disability Appeals Officer1st Floor, Dolcain HouseMonastery RoadClondalkinDublin 22

01 4614211Lo Call 1850 211583www.odao.ie

ODAO Information Sharing Day Presentation February/March 2009 1 Office of the Disability Appeals...

Documents

Transcript of ODAO Information Sharing Day Presentation February/March 2009 1 Office of the Disability Appeals...