Grant Appeals Policy (Administration of Funding Only)
Implementation Date: February 2017 Review Date: Every 2 years
PREAMBLE
The purpose of this appeals policy is to ensure that all decisions taken and procedures followed by Pobal in relation to its administration of funding only are applied fairly and consistently. As a matter of Pobal policy, an applicant may request a review of a decision which directly concerns them and which relates to a Pobal funding decision or recommendation as set out below. This policy applies to decision made on grants provided to groups and organisations, it does not apply to programmes where funding is provided to individuals (eg. AIM, SAS).
This policy is subject to agreement and application with the relevant Department responsible for each funding programme administered by Pobal, and the agreed process adopted for each programme is normally published on Pobal’s website.
DEFINITIONS
§ Days – will mean working dates, excluding Saturdays, Sundays and Bank Holidays.
§ Applicant – refers to the individual appealing a decision [organisation/individual/group].
§ Appeal – refers to the appeal process from application for review through to final decision
SCOPE OF APPEAL
1. Applicants that have been affected by a decision relating to funding administered by Pobal will have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 6 of this policy.
2. This policy covers the following decision areas where it was decided:
a) not to award a contract, or a significant part of a contract
b) to cease a contract previously awarded
3. This policy will not apply to decisions relating to:
a) applications that have been deemed administratively ineligible (late applications or un-submitted documentation)
b) funding levels, or award conditions on applications that have been approved for funding
c) the rejection of requests or submissions for additional funding during a contract or during a re-contracting process
d) funding decision not based on a recommendation from Pobal
e) decisions to decommit monies awarded under a contract
f) decisions to recoup monies awarded under a contract
g) matters of employment or industrial relations issues within the beneficiary group
h) any decision made under Sections 5 and 7 of this policy
Please refer to Appendix 1 for more information relating to Section 3.
TIMING OF APPEAL
4. The process can start only after the applicant has received formal notification advising of the outcome of the funding decision. The applicant should first discuss any concerns they have and seek further information or clarifications they may require from an assigned officer in Pobal. Applicants who wish to appeal a decision will have 20 days after the date of the relevant decision letter, unless an extension to the timescale has been agreed in writing.
5. Any party wishing to initiate an appeal beyond the 20 day period must provide a written request stating reasons for an exception to the requirement of Section 4. The decision to allow, or not allow an appeal outside the 20 day period will be at the sole discretion of the appeals co-ordinator and may not be appealed.
GROUNDS FOR APPEAL
6. Not every decision may be appealed. Decisions may be appealed on the following grounds:
a. the outcome was unreasonable based on the information provided to Pobal
b. the decision is inaccurate based on matter of facts
c. the stated interpretation of facts or information provided by the applicant which are contained in the decision are subjectively incorrect
d. too much or too little weight given to the available evidence
e. due consideration not given to the Applicant’s viewpoint
f. Proper procedures were not followed
When making an appeal on the above grounds; it is important that all relevant details and supporting documentation are submitted to facilitate a thorough examination of the facts and circumstances of the case. Each claim/ground should be supported by evidence.
ELIGIBILITY OF APPEAL
7. Appeals submitted must be: within the scope of the policy; signed by a director of the applicant organisation and received by Pobal by the date stipulated in the decision notification letter (normally within 20 days) to be eligible for consideration. If the appeals co-ordinator is satisfied with the eligibility of the appeal, within 10 days, the Applicant will be notified and the appeal will progress.
8. If the appeal is not eligible, the applicant will be notified of this decision in writing, giving the reason(s). This decision is taken by the appeals co-ordinator and may not be appealed.
THE APPEALS PROCESS
9. In the case of an eligible appeal, the appeals co-ordinator will:
a. Designate a review officer [senior member of staff] who will conduct an independent review of the decision.
b. 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.
c. Additional information provided during an appeal that was not presented or readily available during the original appraisal is not eligible for consideration as part of the appeal review process, except where:
(i) It is a re-contracting or annual planning appraisal process with an existing grantee; and
(ii) It was through no fault of the applicant that the new information provided was not available or could not possibly have been known to the applicant at the time of the original application or submission.
d. The Review officer will make a recommendation to either:
i. Reject the appeal and confirm the original decision; or
ii. Uphold the appeal and change the original decision.
All recommendations are then considered by the Grant Appeals Sub-committee (GAC) of Pobal.
FINAL APPEAL DECISION
10. Two options for decision making include:
a. Where the recommendation is to reject the appeal and confirm the original decision the GAC will take the final decision and this decision is noted to the lead Department. This is communicated directly by Pobal to the applicant. This decision is binding and will not be subject to any further internal appeal.
b. If it is determined to uphold the appeal and change the original decision, this decision will be presented to the lead Department who will make the final decision which is then communicated by Pobal. This decision is binding and will not be subject to any further internal appeal.
APPEAL LETTER
11. All appeals must be addressed to ‘The Appeals Co-Ordinator, Pobal, Holbrook House, Holles Street, Dublin 2’ and signed by a director of the applicant organisation.
12. Each ground in the appeals letter must be supported by evidence and a sufficient explanation given to justify that ground for appeal.
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