FLAC launches report on Social Welfare Appeals System

On 24 October, FLAC (Free Legal Advice Centres) released a report recommending root and branch reform of the country’s system for handling social welfare appeals. The report, entitled Not Fair Enough, was launched by Ombudsman Emily O’Reilly, along with a trio of factual guides on various aspects of the social welfare system.

Saoirse Brady, FLAC's Policy & Advocacy Officer, presented the report's main findings and recommendations. "Given the consistently high success rate on appeal, the appeals system is in need of urgent reform. Better decision-making at the first stage of application would mean claimants could access their rights and entitlements without unnecessary delay and stress. At the same time, administrators would achieve greater efficiency. In this current recession, resources should be targeted at those most in need rather than expended on unnecessary bureaucracy," she concluded. 

Not Fair Enough highlights some of FLAC's main concerns as being:

• that people who are entitled to a payment should not have to suffer excessive delay while awaiting an appeal decision, especially where they are at risk of destitution;
• that people should receive a fair hearing in the appeals process, with full access to all the information available and with legal advice and support where needed; and
• that the office responsible for processing appeals be fully independent so it can be free from any perception of interference.

The report also evaluates and considers the following issues:

• FLAC argues that better first-instance decision-making could reduce delay, bureaucracy and spending.
• For a legal process to be fair, both sides must be heard. The Appeals Office relies heavily on summary decision-making, based solely on written submissions. Appellants have a higher success rate when an oral hearing is held.
• Appellants are not granted automatic access to all relevant information on their case, which they must actively seek by letter or via Freedom of Information. They cannot access state legal aid to advise and assist them in what can be a very complicated process.
• The system lacks transparency since the Appeals Office does not publish its previous decisions.
• The appeals mechanism is not independent. The Appeals Office must adjudicate on decisions of the Department of Social Protection, of which is it a part.

Click here to visit the campaign page for presentations from the day as well as resources including the factsheets.

You can also read opinion pieces on the report on the Human Rights in Ireland Blog and the Journal.