The CAO has an Independent Appeals Commission to which recourse may be had by applicants who believe that they have been treated unfairly by CAO, and whose complaints have not been resolved by CAO. The function of the Appeals Commission is to ensure that the rules are applied fairly. The Appeals Commission cannot set the rules aside for applicants who appeal for special treatment.

The CAO Independent Appeals Commission considers appeals in a consistent manner under the following set of tests:

• Has CAO made an error or omission in instructing the applicant or in processing the applicant’s application?
• Has the applicant been given clear instructions?
• Has the applicant been given reasonable opportunity to provide information correct, complete and on time?
• Has the applicant been given reasonable opportunity to correct errors or omissions?
• Has some event or circumstance, outside of the applicant’s control, prevented the applicant availing of the above opportunities?

The CAO Independent Appeals Commission will consider appeals from:

1. Applicants who miss the DARE or HEAR March 1 deadline.
2. Applicants who missed the DARE or HEAR March 15 deadline, i.e. applicants who applied to DARE or HEAR by March 1 but did not provide any of the required supporting documents by March 15.
3. Applicants who miss the July Review & Appeals deadlines, i.e. applicants who met the March 1 and March 15 deadlines, received an ineligible outcome from DARE or HEAR but missed the Review & Appeals deadline.

1. Applicants who miss the DARE or HEAR March 1 deadline.

• After 31 May 2023, appeals of this nature can no longer be accepted for consideration by the CAO Independent Appeals Commission for entry 2023.
• Applicants wishing to make a March 1 deadline appeal must:
• Write to the CAO Independent Appeals Commission stating the nature of their appeal.
• Provide objective documentary evidence to support their appeal.

Appeals of this nature must be addressed to:

The Secretary,

CAO Independent Appeals Commission,

Tower House,

Eglinton Street,

Galway, Ireland.

Examples of why an applicant might appeal may include:

• An applicant who missed the March 1 deadline due to not having a diagnosis for their disability or condition at the time but now wishes to apply to DARE as they have received a diagnosis. Appeals of this nature must be accompanied by documentary evidence from a consultant detailing that onset of the disability or condition occurred before the March 1 deadline and that the applicant had made attempts to get a diagnosis of their condition in a timely manner for the purposes of DARE. (i.e. initiating this by 15 February).
• An applicant who missed the March 1 deadline due to circumstances beyond their control, for example they were hospitalised for a significant period and as a result missed the March 1 deadline. Appeals of this nature must be accompanied by documentary evidence from a consultant or professional working under the instruction of the consultant outlining the details of the circumstances which prevented the applicant from meeting the March 1 deadline.

2. Applicants who missed the DARE or HEAR March 15 deadline, i.e. applicants who applied to DARE or HEAR by March 1 but did not provide any of the required supporting documents by March 15.

• Applicants to DARE or HEAR who have missed the March 15 deadline i.e. who have not provided any DARE or HEAR supporting documentation by the deadline can make an appeal to the CAO Independent Appeals Commission on the following grounds.
• Appeals relating to missing the March 15 deadline will only be considered.
• Where a significant difficulty was encountered in gathering and/or submitting DARE or HEAR supporting documents, which was beyond the control of the applicant. The applicant must have made a reasonable and timely effort to get documentation (i.e. initiating this by 15 February).

Examples of why an applicant might appeal on these grounds may include:

• They had made reasonable attempts to request DARE or HEAR supporting documents in a timely fashion (i.e. initiating this by 15 February) but had not received documents in advance of March 15.
• A significant event occurred which was beyond their control, for example they were hospitalised for a significant period and as a result were unable to gather or submit their documents by March 15.

Examples of documentary evidence may include:

• A letter from the relevant body or organisation explaining that the applicant had requested supporting documentation for the purposes of DARE and/or HEAR and due to an oversight or unforeseen delay at the organisations end, they were unable to provide that documentation in a timely manner.
• Email correspondence with the relevant body or organisation clearly showing that the applicant had requested supporting documentation for the purposes of DARE and/or HEAR and due to an oversight or unforeseen delay at the organisations end, they were unable to provide that documentation in a timely manner. DARE and HEAR reserve the right to verify correspondence with the third party.
• A letter from a Consultant or professional working under the instruction of the Consultant outlining the details of the circumstances which prevented the applicant from meeting the March 15 deadline.

Applicants wishing to make an March 15 deadline appeal must:

• Write to the CAO Independent Appeals Commission stating the nature of their appeal.
• Provide objective documentary evidence to support their appeal.
• Provide the required supporting documentation e.g. DARE Section B and Section C forms or HEAR evidence of Income and/or Dept. of Social Protection payments.

Appeals of this nature must be made by May 1 to:

The Secretary,

CAO Independent Appeals Commission,

Tower House,

Eglinton Street,

Galway, Ireland.

Applicants who submitted any of the required supporting documentation by the March 15 deadline should not make an appeal to the CAO Independent Appeals Commission. They may avail of the Review & Appeals process if they receive an ineligible application outcome.

3. Applicants who miss the July Review & Appeals deadlines, i.e. applicants who met the March 1 and March 15 deadlines, received an ineligible application outcome email from DARE or HEAR but missed the Review & Appeals deadline.

• Applicants who have made a complete DARE and/or HEAR application and have received an ineligible outcome in late June can apply for a Review and Appeal of their application by 2 July 2023 through their online CAO application.
• Applicants who miss the Review and Appeals application deadlines may make an appeal to the CAO Independent Appeals Commission to be considered for this process.

For example:

• An applicant missed the July 2 deadline due to circumstances beyond their control, for example they were hospitalised for a significant period and as a result missed the July 2 deadline. Appeals of this nature must be accompanied by documentary evidence from a consultant or professional working under the instruction of the consultant outlining the details of the circumstances which prevented the applicant from meeting the July 2 deadline.

Applicants wishing to make a Review and Appeals application deadline appeal must:

• Write to the CAO Independent Appeals Commission stating the nature of their appeal.
• Provide objective documentary evidence to support their appeal.

Appeals of this nature must be made by 17 July to:

The Secretary,

CAO Independent Appeals Commission,

Tower House,

Eglinton Street,

Galway,

Ireland.

Review and Appeals Process

DARE uses a Review and Appeals process to make sure that all DARE applicants are treated fairly and screening procedures have been applied consistently.

• DH Application outcomes issued : 28 June
• 28 June – online Review and Appeal Application form opens
• 17:00 on 4 July – Closing date for submission of online Review and Appeal Application form
• 17:00 on 6 July – Receipt of supporting documents to support Review and Appeal Application.

This Review and Appeals process is the only way of having an ineligible outcome re-examined. You can make a DARE Review and Appeal application for one or more the following reasons.

1.You believe there was an administrative error in assessment

2. You were deemed ineligible due to the omission of or error in your supporting documents. You now wish to submit this document(s) for consideration along with either:

2.1 Proof of postage

2.2 Objective documentary evidence showing you experienced significant difficulty in gathering or submitting documentation despite having made a reasonable and timely effort to get documentation.

2.3 Objective documentary evidence showing that there was a third party error in the content of your documentation.

3.You believe that your assessment outcome was unfair, published criteria were not applied or terms and conditions were not followed.

You should provide documentary evidence to support your claim.

1. You believe there was an administrative error in assessment

• If you wish to make a Review and Appeal application on the basis of a possible administrative error, you must complete the application form on the CAO website before 17:00 on 4 July.
• The information you submitted in your DARE HEAR application and the supporting documents submitted before 15 March 2023 will then be considered by the Review and Appeals Team and you will receive an outcome of this process in early August.

2. You were deemed ineligible due to the omission of or error in your supporting documents. You now wish to submit this document(s) for consideration along with either:

2.1 Proof of postage

• If you wish to make a Review and Appeal application because your supporting documents have been lost in the post and you have kept proof of postage and photocopies of all supporting documents, you must complete the application form on the CAO website before 17:00 on 4 July.
• To complete your Review and Appeals application under Ground 2.1, you must submit proof of postage showing that your documents were posted by the closing date of 15 March 2023 and clear copies of the original supporting documents you submitted by 15 March 2023 to the CAO.
• Your request for a Review and Appeal of your application is NOT complete until you have supplied this information to CAO. If this is not received at DARE Review & Appeals 2023, CAO, Tower House Eglinton Street, Galway by 17.00 on 6 July 2023, a review of your application will not be possible.

2.2 Objective documentary evidence showing you experienced significant difficulty in gathering or submitting documentation despite having made a reasonable and timely effort to get documentation.

• If you wish to make a Review and Appeal application on the basis of Ground 2.2, you must complete the application form on the CAO website before 17:00 on 4 July 2023. You need to submit objective documentary evidence and the relevant appropriate documentation by 6 July 2023.
• This documentary evidence should explain the context of the delay you experienced in gathering or submitting documentation despite having made a reasonable and timely effort to get documentation (i.e. initiating this by 15 February), and should state as clearly as possible that this delay was beyond your control.

Examples of why you might appeal on these grounds may include:

• You had made reasonable attempts to request DARE or HEAR supporting documents in a timely fashion (i.e. initiating this by 15 February) but had not received documents in advance of 15 March.
• A significant event occurred which was beyond your control, for example you were hospitalised for a significant period and as a result were unable to gather or submit some of your documents by 15 March.
• The professional or organisation who issued the documentation made an error in the original document and they are now providing you with the new document along with an explanation of the error.
• Your request for a Review and Appeal of your application is NOT complete until you have supplied this information to CAO. If this is not received at DARE Review & Appeals 2023, CAO, Tower House Eglinton Street, Galway by 17.00 on 6 July 2023, a review of your application will not be possible.

2.3 Objective documentary evidence showing that there was a third party error in the content of your documentation.

• If you wish to make a Review and Appeal application on the basis of the omission of or error in your supporting documents, you must complete the application form on the CAO website before 17:00 on 4 July 2023. You need to submit objective documentary evidence and the relevant appropriate documentation by 6 July 2023.

• This documentary evidence should explain the context of the third party error in the content of your documentation, and should state as clearly as possible that this error was beyond your control.
• Your request for a Review and Appeal of your application is NOT complete until you have supplied this information to CAO. If this is not received at DARE Review & Appeals 2023, CAO, Tower House Eglinton Street, Galway by 17:00 on 6 July 2023, a review of your application will not be possible.

3. You believe that your assessment outcome was unfair, published criteria were not applied or terms and conditions were not followed.

• If you wish to make a Review and Appeal application on the basis of your belief that your assessment outcome was unfair, published criteria were not applied or terms and conditions were not followed, you must complete the application form on the CAO website before 17:00 on 4 July 2023 You need to submit documentary evidence to support your claim by 6 July 2023. This documentary evidence should outline where you believe your assessment outcome was unfair, published criteria were not applied or terms and conditions were not followed.
• Your request for a Review and Appeal of your application is NOT complete until you have supplied this information to CAO. If this is not received at DARE Review & Appeals 203, CAO, Tower House Eglinton Street, Galway by 17.00 on 6 July 2023, a review of your application may not be possible.
• “Third party”, in relation to making a Review and Appeal application, refers to an organisation (e.g. a school), a professional (e.g. Psychologist, Consultant), or state bodies (e.g. Revenue, Department of Social Protection) separate from the applicant or the applicant’s parent(s)/ guardian(s).
• “Objective evidence” refers to documentation from this third party (i.e. not written or compiled by the applicant or the applicant’s parent[s]/ guardian[s]), which details the error made by the third party or provides information about why an error on the original application was beyond the control of the applicant. Examples of this documentary evidence may include:
• A letter from the relevant body or organisation explaining that you had requested supporting documentation for the purposes of DARE and/or HEAR and due to an oversight or unforeseen delay at the organisations end, they were unable to provide that documentation in a timely manner.
• Email correspondence with the relevant body or organisation clearly showing that you had requested supporting documentation for the purposes of DARE and/or HEAR and, due to an oversight or unforeseen delay at the organisations end, they were unable to provide that documentation in a timely manner. DARE and HEAR reserve the right to verify correspondence with the third party.
• A letter from a Consultant or professional working under the instruction of the Consultant outlining the details of the circumstances which prevented you from meeting the 15 March deadline.

The following information will be taken into account during the Review and Appeals process:

• The information you provided on your online application by 1 March 2023.
• The supporting documents you submitted by 15 March 2023 and
• Information you provide on your online Review and Appeals application form by 17:00 on 4 July 2023 and, where applicable, documentation (e.g. with objective documentary evidence or proof of postage) you provide by 6 July 2023. Change of circumstances cannot be considered during the Review and Appeals process.
• If you would like to make a Review and Appeal application, complete the online Review and Appeals application form by 17:00 on 4 July 2023. You will find the Review and Appeal application form under the My Application section of the CAO website on www.cao.ie A Review and Appeal application is not considered to have been received until you receive an email from CAO confirming receipt.
• If you would like more information about your application, please contact CAO Helpdesk by clicking Contact Us on www.cao.ie phone 091 509800. Alternatively you can contact the Disability Office of any participating DARE Higher Education Institution here.