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Part of Appeal a decision

FSCD – Appeal hearing

Find out what happens before, during and after a Family Support for Children with Disabilities (FSCD) appeal hearing.

Before the hearing

Hearing location and date

Hearings are generally held in a community near you. Before the hearing happens, the Appeals Secretariat may arrange a telephone meeting with you and a person from the Family Support for Children with Disabilities (FSCD) program. They will check details about the appeal and answer questions about the appeal process.

Then the Appeals Secretariat sends you a scheduling letter with the date, time and hearing location. You, or a person authorized to act on your behalf, must take part in the hearing.

Contact the Appeals Secretariat when you get their letter if you:

  • have to change the hearing date and pick a new date that you, the program and the appeal panel agree on
  • cannot go in person and need another way to take part in the hearing
  • want to give someone authority to act on your behalf, if needed, by providing an Authorization form

If something comes up at the last minute and you or the person acting on your behalf cannot be at the hearing, tell the Appeals Secretariat immediately.

If you do not take part, the appeal panel may hear your appeal without you and make a decision. If they make a decision it is final. This means your right to appeal will end and your appeal will be closed.

Your information and role

The Appeals Secretariat’s scheduling letter tells you how to submit information that supports your appeal. This must happen before the hearing based on the deadline in the letter.

During the hearing, your role is to:

  • present your case to the appeal panel based on information you already submitted to support your position
  • explain why the appeal panel should decide in your favour
  • bring witnesses, if you choose, to support your case

Appeal package

The Appeals Secretariat sends an appeal package to you, the FSCD program and the appeal panel at least one week before the hearing. Make sure to:

  • read this package when it comes – it includes copies of all the documents:
    • you gave to support your appeal
    • the FSCD program provided to support their decision
  • bring the package with you to the appeal hearing

Contact the Appeals Secretariat if you:

  • do not get the appeal package or documents are missing
  • need help reviewing the package in a language other than English – the Appeals Secretariat can give you information about organizations that may be able to help you review it before the hearing

At the hearing

Appeal hearings are usually held weekdays from 9 am to 4:30 pm. These people will take part:

  • 3 appeal panel members from the FSCD appeal committee, including 1 chair and 2 members
  • you and/or the person acting on your behalf or anyone you brought to assist you
  • someone from the FSCD program and any people acting on their behalf or assisting them

What takes place

Usually, the hearing happens as follows:

  1. The chair introduces everyone and goes over the rules, then asks if:
  • you and the person from the FSCD program understand the decision being appealed
  • anyone objects to the people on the panel or their right to decide your appeal
  1. If there are no objections, the chair asks if everyone received the appeal package and if they can confirm all their documents were included. The chair also asks if anyone has information that was not included in the appeal package that the appeal panel should consider. If there is, then you or the person from the FSCD program can ask for:
  • copies of the new information
  • a short break to review it
  • the hearing to be moved to another day to allow more time to review it
  1. The person from the FSCD program and their supporters present their information first.

You and the panel will:

  • let them speak without interrupting them to hear why they made their decision
  • be able to ask questions after each person speaks
  1. Next, you or the person acting on your behalf, and others who support your appeal will present your information. The person from the FSCD program and the panel will:
  • let you speak without interrupting you to hear why you disagree with the decision that was made
  • be able to ask questions after each person speaks
  1. The chair asks the person from the FSCD program, then you or the person acting on your behalf, to summarize your information and the decision you would like the panel to make.
  2. The chair ends the hearing and lets you know when you can expect the panel's decision.

After the hearing

The appeal panel will decide to agree with, change or cancel the FSCD program’s decision. Once this happens:

  • you should get a letter within 45 days after the hearing date with the appeal panel’s decision and reasons for the decision
  • the appeal panel’s decision is final – this means they cannot look at new information or change their decision
  • you cannot file another appeal on their decision or the FSCD program’s decision

Concerns about the hearing

If you think the appeal hearing was unfair or the appeal panel’s decision does not follow the Family Support for Children with Disabilities Act and Regulation (FSCD Act or Regulation) you have 2 options:

Option 1. File a complaint to the Ombudsman

You can make a complaint to the Alberta Ombudsman’s office. They cannot reverse or change an FSCD appeal panel decision, but they can:

  • review the appeal process
  • make recommendations, including that an FSCD appeal panel re-hear the case

Option 2. Apply for a judicial review

A judicial review happens through the Court of King’s Bench. The Court cannot reverse or change an appeal panel decision, however they can decide if the appeal panel:

  • acted within its legal authority
  • followed a fair process
  • made a reasonable decision based on the situation

When a judicial review happens, the Court:

  • cannot make a new decision
  • will send the case back for the appeal panel to hear again if it agrees the hearing is unfair – if this happens, different panel members may hear your appeal

If you wish to apply for a judicial review, you must:

Contact

The Appeals Secretariat is a neutral government office that runs separately from the FSCD program.

Connect with the Appeals Secretariat:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed 12 to 1 pm and statutory holidays)
Phone: 780-427-2709
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-422-1088
Email: [email protected]

Address:
2nd floor, Agronomy Centre
6903 116 Street NW
Edmonton, Alberta  T6H 5Z2

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