When a doctor in training is awarded an ARCP outcome 3, 4 or 10.2, they have the right to appeal the process that led to this decision
An appeal is a procedure whereby the decision is considered by a new panel who have not reviewed the evidence before.
The Postgraduate Dean will normally arrange for a review of the original decision to take place as the first step of the appeal process.
Where the review process does not alter the decision or the panel modify the original recommendation from an outcome 4 to an outcome 3, the Postgraduate Dean will ask the doctor in training whether they wish to proceed to an appeal hearing.
The appeal hearing will normally take place within 30 working days of the appeal request, although in exceptional circumstances this can be delayed.
When setting the date for a formal appeal hearing availability will be sought from the doctor in training (and their representative if applicable) and the postgraduate school representative(s).
The doctor in training will have the opportunity to confirm changes or submit additional evidence to that previously submitted for the review by the original panel. This should be submitted at least 10 working days before the appeal hearing.
The postgraduate school will submit a written summary which should be submitted at least 10 working days before the appeal hearing.
Evidence should be limited to the grounds for appeal.
Evidence will be circulated to all parties at least 5 working days prior to the panel
Support and Representation
A doctor in training may wish to have representation at their ARCP appeal for example from the doctor’s professional organisation or legal representation. Legal representatives are reminded that appeal hearings are not courts of law and the panel governs its own procedure including the questioning to be allowed of others by the legal representative.
Doctors in training may wish to be supported by a friend or colleague who can arrive with them and provide support on the day including after the appeal hearing.
Representation should be considered by the doctor in training as soon as possible and details provided to the Postgraduate Dean (name, contact details and professional capacity (if applicable) of representative).
A doctor in training should submit at the earliest opportunity the details of any reasonable adjustments they would wish to be actioned to facilitate their attendance at their appeal.
On the Day
The chair will orchestrate proceedings according to the format as detailed in the circulated agenda.
Following introductions, each party will have the opportunity to present their case. It is important to remember the panel has evidence that has already been submitted and will have read the submissions. The panel and the other party will have the opportunity to ask questions.
The panel will normally make a decision on the day of the hearing but if this is not possible the panel will reserve their decision for a later date to be notified to the parties.
Where possible the panel will feed back to the doctor in training directly after the appeal panel. The doctor in training will be notified in writing within 5 working days of the outcome of the appeal hearing. In addition, an appropriate summary of proceedings will be made available to all parties no later than 10 working days after the appeal panel.
Please note during the Covid-19 pandemic appeal panels will take place virtually rather than face-to-face and may include a panel of reduced size. For further details about the practicalities of appeal hearings during Covid-19 please contact email@example.com