Protection for Persons in Care – How to appeal

What is an appeal

When an abuse involving a person in care is reported and investigated, the Protection for Persons in Care (PPC) director makes a decision about it. An appeal is when you ask an appeal panel to review the PPC director’s decision. The appeal panel:

• is made up of private citizens who are not Government of Alberta employees
• has the authority and training to hear your appeal
• can agree with, reverse or change the PPC director’s decision

Who can appeal

You can appeal a decision the director made if you are:

• a person who has reported an abuse
• a service provider
• a person who has received care or support from a service provider or
• a person who has been accused of abusing someone in care or failing to prevent them from being abused

What can be appealed

Under the Protection for Persons In Care Act, the Protection For Person In Care Regulation and the Protection For Persons In Care (Ministerial) Regulation (PPC Act and Regulations) you have the right to appeal a decision the PPC director makes about an abuse allegation that has been investigated. This applies to all parts of the decision, including:

• whether the report of abuse is founded or unfounded
• the director’s approval or rejection of the investigator’s recommendations and
• the actions the director has stated the service provider or individual involved must take to prevent the abuse of someone in care

The information in the investigator’s report cannot be appealed.

For more detailed information, review the PPC Act and Regulations or contact the Appeals Secretariat.

Steps to file an appeal

Make sure to appeal within the 15-day deadline from the date you got the decision.

Step 1. Complete a notice of appeal

You must appeal in writing through option A or B:

A. Fill out an appeal form

• Download: open the Protection for Persons in Care Notice of Appeal form in Adobe Reader, read the instructions, fill it in, save it, then print it. Or, print a copy and fill it in.
• Paper copy:  contact the Appeals Secretariat to pick up a form or have it sent to you by email, fax or mail. When you get it, read the instructions and fill it in.
• Make sure the form is signed.
• Include an Authorization form if someone will be acting on your behalf throughout the appeal process. Make sure to check ‘other’ on the form and write Protection for Persons in Care.
• Keep copies for your files.

OR

B. Write an appeal letter

Make sure to include:

• the name, address and any phone numbers or email addresses for you
• a brief description of the PPC director’s decision you are appealing and the date it was made
• the date you got the PPC director’s decision
• your role in the matter
• why you are appealing
• your signature

If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

Step 2. File your notice of appeal

Make sure to:

• include your signed Notice of Appeal form or appeal letter and the Authorization form if someone will be acting on your behalf
• include a copy of the letter with the PPC decision you are appealing, if you received one
• keep copies of all documents for your own files

Submit your documents by:

• scanning and emailing them to [email protected], or mailing, faxing or taking them to the Appeals Secretariat office.

After you file an appeal

You will get a letter from the Appeals Secretariat saying they received your appeal. They will start setting up your appeal hearing. Contact them, if you:

• need an interpreter since all hearings are in English
• want to get information about organizations that may be able to help you with your appeal
• are waiting for any new information related to the appeal
• want to withdraw your appeal
• have moved or changed your phone number or email so they can reach you to give you the hearing date – if you do not take part when the hearing is scheduled, it may happen without you and your right to appeal will end

Find out what happens before, during and after the appeal hearing.

Withdrawing an appeal

You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal the PPC director’s decision. Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.

Contact

The Appeals Secretariat is a neutral government office that runs separately from Protection for Persons in Care.

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

Related

• Protection for Persons in Care