DEC Gaza crisis appeal - Terms of reference
Constitution
1.1 The ´óÏó´«Ã½ Trust (the "Trust") has established a committee of the Trust known as the Ad Hoc Appeals Panel (the "Panel").
1.2 The Panel is responsible for considering matters related to the decision by the Director-General not to broadcast the Gaza Crisis Appeal by the Disasters Emergency Committee (DEC) and making recommendations to the Trust.
Membership and attendance
2.1 The Panel will consist of three members, to be appointed by the Trust.
2.2 The Panel shall be advised and supported by the Trust Unit.
Quorum
3.1 All three members of the Panel need to be in attendance for the Panel to be quorate. When quorate the Committee is able to exercise all of the authorities and duties outlined in these terms of reference.
3.2 The committee will make recommendations to the Trust based on a majority position of the Panel.
Frequency of meetings
4.1 The Panel will meet on an ad hoc basis as required.
4.2 Meetings may be held in person, by telephone or video conference.
Reporting
5.1 A report of the Committee's proceedings shall be provided to all members of the Trust.
Authority
The Panel is authorised by the Trust to:
6.1 Carry out any of the duties outlined in these terms of reference
6.2 Seek any information that it requires from any third party, including any employee of the Corporation that it considers necessary to determine an appeal fairly. All employees are directed to co-operate with any request by the Panel.
6.3 Make any further enquiries of any person who has made an appeal to the Trust as it considers necessary to determine the appeal fairly.
6.4 Obtain legal or other professional advice as required. Such advisers may attend meetings as necessary.
Duties
The duties of the Panel shall be:
7.1 To consider appeals made to the Trust against the decision by the Director-General not to broadcast the Disasters Emergency Committee's Gaza Crisis Appeal on the ´óÏó´«Ã½ and other relevant related matters. This may include consideration of:
- whether the handling of the request for a DEC appeal to be broadcast on the ´óÏó´«Ã½ complied with relevant processes, policy and guidelines (including the ´óÏó´«Ã½'s Editorial Guidelines, as far as these are applicable)
- whether the decision reached by the Director-General was within the parameters of reasonable decisions open to him
7.2 To report to the Trust on any action/s or conclusions that it believes is appropriate for the Trust to take with regard to the issues within its remit.
7.3 To provide any commentary it feels appropriate regarding the issues within its remit.
7.4 To operate in line with the principles for complaints handling as set out in the ´óÏó´«Ã½ Complaints Framework.
7.5 To undertake any other task that the Trust may determine from time to time.
Criteria for considering a request for an appeal
8.1 The Panel will only consider appeals concerning complaints related to the decision by the Director-General not to broadcast the DEC's Gaza Crisis Appeal and which raise a matter of substance.
8.2 In the event of receiving a number of appeals related to the same issue, the Panel may consider them collectively on the basis of a summary of the range of issues raised on this subject.
Appeals which the Panel will not consider
9.1 The Panel will not consider any appeal which in its opinion:
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- raises issues that have already been adjudicated upon by the Trust, or a Trust committee
- is vexatious or trivial
- does not raise a matter of substance
- is not appropriate, proportionate and cost effective, for example, given the distinct roles and responsibilities of the Trust and the Executive, the Trust will not usually consider day-to-day operational issues
- is a complaint which it would be inappropriate for the Panel to hear because it appears to them that the complainant has recourse to the law, or other external authorities, for example the Information Commissioner or the Office of Fair Trading
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9.2 is a Human Resources complaint as defined by the Complaints Framework and Procedures.
9.3 The Panel also reserves the right to decline to hear an appeal whilst it relates to matters which are the subject of or likely to be the subject of, or relevant to, legal proceedings.
9.4 The Panel will not generally reconsider any aspects of complaints that have already been adjudicated upon or considered by a court.
Approved by the ´óÏó´«Ã½ Trust on 28 January 2009.
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