CSP Guidance Note For Appeals

CSP Guidance
Note
For
Appeals
CSP APPEALS PROCEDURES
November 2014
1. The Purpose
The purpose of the appeal process is to ensure that the decisions taken and the procedures
followed by Pobal for individual applications are applied fairly and consistently. The term
“application” is used generally to mean any document submitted for purpose of securing
funding and can include inter alia a business plan, expression of interest, application form, or
re-contracting submission. The appeal process provides applicants the opportunity to
request a review of the funding decision where they feel:


The outcome was unreasonable and/or
Proper procedures were not followed
Appeals will not be considered where:
 Applications have been deemed administratively ineligible. (eg. due to missed
deadlines or missing information).
 A decision was not based on a recommendation from Pobal to the Department.
2.
When does the process start?
The process can only start after the applicant has received formal notification advising of the
outcome of the application and appraisal process. The option to appeal the decision is
included in the notification letter which also highlights that:
The applicant should first discuss any concerns they have and seek any further information
or clarifications they may require from an assigned Officer in Pobal. If the matter cannot be
resolved to the satisfaction of both parties a formal Appeal letter may then be submitted.
3.
The Appeal letter
The letter of Appeal must be submitted to the Company Secretary of Pobal presenting a
valid reason, in no more than 300 words as to why the decision should be reconsidered.
The Appeal letter must be signed by the Chief Executive Officer and the Chair of the Board.
4.
The Appeal Timescale
An Appeal must be submitted in writing to Pobal, within 20 working days of the date of the
decision notification letter, or within 10 days from the date clarification was provided,
whichever is the longer, unless an extension to the timescale has been agreed in writing.
5.
Validity Check
The validity of the appeal will be determined by a Senior Staff Member or Board Member of
Pobal who was not involved in the original process. The Appeal must demonstrate a valid
reason as to why the application should be reconsidered on one of the following grounds:
 The outcome of the appraisal was unreasonable based on the information
provided to Pobal, or
 There was a failure in adherence to appraisal procedures or systems.
6.
Invalid Appeals
An appeal may be deemed invalid for any of the following reasons:
 If it is not based on either of the two grounds above;
 If not submitted within the designated timescale and signed by the CEO, and
Chair;
 If it does not provide sufficient explanation to justify the grounds for appeal;
 If it is more than 300 words;
 If clarification was not sought from the designated Pobal Officer prior to its
submission;
 If it is an appeal against a funding decision made directly by the Department, and
not based on a recommendation from Pobal;
 Where it is based on new information that was not made available during the
application and appraisal process.
For invalid appeals you will be informed of the decision in writing by the Company Secretary
outlining that the decision is binding and will not be subject to any further appeal.
7.
Valid Appeals
In the case of a valid appeal you will be informed of the decision in writing by the Company
Secretary and the appeal will be designated to a Senior Staff member who will
conduct/oversee an independent review of the original decision. The designated review
Officer will reconsider the record based on the appeal submitted and all relevant information
that was available at the time of the original decision. At this stage, the application is now
back in deliberation and therefore no information about the review may be released. The
Review Officer’s recommendation is then considered by the Appraisal Sub-committee of the
Pobal Board who will either:
7.1
7.2
7.3
Confirm the original decision; or
Recommend to amend or alter the original decision; or
Recommend to revoke the original decision in its entirety and substitute a new
decision.
8.
Final Appeal decision
If it is determined by Pobal that the original decision should be upheld this is communicated
directly by Pobal to the Appellant. This decision is binding and will not be subject to any
further appeal.
If it is determined that the original decision should be overturned or amended, then this
decision will be presented to the Department of Social Protection who will make the final and
binding decision which is then communicated by Pobal. This decision is binding and will not
be subject to any further appeal.
9.
Address for submitting an Appeal Letter:
The Company Secretary, Pobal, Holbrook House, Holles Street, Dublin 2.

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