What to expect?
What to Expect
What is a Child Safety Decision-Making Model?
Child Safety Decision Making Model
Why are there 4 different types of assessments?
What is an assessment?
What are the steps of an assessment?
How can you implement assessment outcomes?
Implementing assessment outcomes
How do you close, appeal and review responses?
Closing a response
Appealing a Response
Reviewing a Response
Do you work for an organisation?
What are governance issues?
Do we care about people?
Do we really care about people?
Do we care about you?
Do we really care about you?
What are the principles behind response strategies?
Principles behind the Response Process
Do you want to keep learning?
Further education options

Appealing a Response

Appeals process

A person has a right to appeal if they feel that any administrative decision that included them was unfair, or if they believe a grievance they have raised has not been dealt with satisfactorily.  

It is important for the person who is requesting an appeal to clearly state the grounds for an appeal.  These are the reasons why the person lodging the appeal believes the wrong decision was made.   Grounds of an appeal can be regarding the process of the decision and/or the outcome of the decision.  Examples include fresh evidence, unjustifiable severity, inconsistent discipline, or failure to follow due process. 

If the person making the appeal raises any new matters in their appeal, this may lead to further inquiries.  A reasonable opportunity will be given for the organisation to consider this information before the appeal meeting.

The appeal meeting may be a complete re-hearing of the matter or it may be a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light.

Guidance for Leaders and those who receive appeals

  • Begin and end the process with prayer
  • Respond to the person making the appeal with a time-frame in which a response will be given.
  • What are the grounds of the appeal?

Guidelines on how to conduct an appeal

Plan

  • What are the grounds of the appeals?
  • It is important to understand the rules of evidence and the legally required process of the decision that is being appealed, in order for the appeal to measure the decision by the correct standard. Obtain legal advise is essential.   Otherwise an appeal may hold a decision to an incorrect standard.

Gather Information

  • Review the disciplinary or grievance process which took place
  • Interview those involved in conducting the above processIf necessary have an external, third party conduct a review of the process

Analyse information

  • Determine if the grounds of the appeal are legitimate.  Are the reasons stated for the appeal relevant for the standard of the decision-making process?   
  • Determine if the grounds of the appeal have merit.   If the ground of the appeal are legitimate, then consider if the matter has merit, that is, there is evidence to support the grounds of the appeal.
  • If the grounds are legitimate and have merit, determine if the original decision needs to be revised.

Outcome decision

An appeal usually has the following outcomes:

  • confirm the original decision
  • revoke the original decision
  • change the level of warning or response to the grievance