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Grounds for possible appeal



Ref: L30/13/1772

Dear Mr Mcweeney

I Aidan Moore Aidan Moore aidan.moore@ombudsman.gov.ie info@lobbying.ie (01) 6395711 (087) 9175186 (01) 639 5684 Peter Tyndall Peter Tyndall Peter Tyndall Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland refer to your email of 4th March 2014 appealing the Ombudsman's decision in relation to your complaint concerning Longford County Council. Longford County Council Longford County Council Great Water Street Longford Co. Longford N39 NH56 Ireland 043 3343000 Longford Sports and Leisure County Longford Sports and Leisure Centre Public Sports Facility The Mall Longford Co. Longford Ireland 043 3346536 043 3346431 longfordsportscentre@eircom.net http://longfordsportsandleisure.ie/other/images/building_sm.jpg 1 Longford County Library Longford County Library Longford County Library Town Centre Longford Co. Longford Ireland 043 3340727 library@longfordcoco.ie As mentioned in my email of 5 March, I act as Appeals Manager in the Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland and your email has been passed for my attention.

This Office operates and appeals procedure to cater for circumstances where a person is not satisfied Peter Tyndall Peter Tyndall Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland with the Ombudsman's decision and wishes the Office to re-examine their complaint. Under the Office's Appeals Procedure, a person may avail of one appeal only in relation to the Office's handling of a particular complaint. As such, it is important that you inform me of all matters of concern to you. In this respect you should consider if there is any further information or argument that you can supply that would benefit this Office in reviewing your case. In deciding to look again at a case I must be satisfied that an appeal application demonstrates that:

  1. New relevant evidence/information has become available which might have had a bearing on the original decision in the case,
  2. There was a failure on the part of the Office to examine a relevant and substantial issue,
  3. There was a failure on the part of the Office to obtain relevant and necessary information from the body concerned,
  4. The body's stated position is incorrect; this should be supported by evidence of some nature,
  5. The complaint has been misunderstood of misinterpreted by this Office,
  6. The decision of the Office was incorrect or unreasonable in the context of the complaint made or the particular circumstances of the case,
  7. The appeal is made in reasonable time i.e. not more than one month since the date of the decision.

I appreciate you may consider that you may already have addressed some, or all, of these points in your email. If that is the case, there is no need to restate them. The points made in your email will be considered. The purpose of my letter is to allow you consider your views fully and to set down (if you have not already done so), all relevant arguments and/or additional information as you see fit.

I would be grateful if you could forward any such information / correspondence to me within 14 working days. On receipt of your response I will assign your appeal to a more senior person than the caseworker who dealt with your original complaint. If I haven't received a response within 14 working days, I will assume that you do not intend to provide any further information in support of your appeal and will proceed to assign your appeal.

Yours sincerely
Aidan Moore
On behalf of the Ombudsman