ODAO Information Sharing Day Presentation February/March 2009
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Office of the Disability Appeals Officer
Oifig an Oifigigh Achomhairc um Míchumas
National Disability Advisory Committee
20th April 2009
ODAO Information Sharing Day Presentation February/March 2009
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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 2009
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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 2009
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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 2009
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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 2009
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Governance
KEY PRINCIPLES
LEGALITY PERFORMANCE STANDARDS ACCOUNTABILITY
ODAO Information Sharing Day Presentation February/March 2009
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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 2009
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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 2009
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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 2009
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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
ODAO Information Sharing Day Presentation February/March 2009
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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
ODAO Information Sharing Day Presentation February/March 2009
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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
ODAO Information Sharing Day Presentation February/March 2009
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ODAO Appeals Received 23
20
12
Valid AppealsWithdrawnInvalid Appeals
ODAO Information Sharing Day Presentation February/March 2009
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Grounds for Appeal
5
15
Service StatementAON process
ODAO Information Sharing Day Presentation February/March 2009
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Geographical Spread
0
2
4
6
8
10
12
HSE Dub MidLeinster
HSE South HSE West HSE DubNorth East
10
43 3
ODAO Information Sharing Day Presentation February/March 2009
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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
ODAO Information Sharing Day Presentation February/March 2009
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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
ODAO Information Sharing Day Presentation February/March 2009
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Number of Complaintsreceived by HSE vs. Number ofAppeals Lodged to ODAO
212
23
ComplaintsAppeals
1st June 2007 – 31st Jan 2009
ODAO Information Sharing Day Presentation February/March 2009
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Continuous Review of
Core Competencies
Independent Mediation
Supervision
Independent Security Systems
Independent Legal
Support Team
ODAO
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ODAO Personnel
Mary Caffrey, Executive Officer 01 4614224
Eileen Duffy, Mediation Officer 01 4641981 ext 4231
Teresa Dykes, Disability Appeals Officer
01 4614228
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ODAO Contact Details
Office of the Disability Appeals Officer1st Floor, Dolcain HouseMonastery RoadClondalkinDublin 22
01 4614211Lo Call 1850 211583www.odao.ie