I do not agree with the decision of the ARCP panel. Can I appeal it?
If you have been issued with an ARCP Outcome 2, 3 or 4, you have a right to request a review of the decision.
For outcome 3 or 4, where a review upholds the original decision of the ARCP panel, there is also a further right of appeal.
I have been awarded an unsatisfactory outcome at my ARCP, how can I appeal this decision?
If you were issued an ARCP Outcome 3 or 4 and this was upheld upon review, you have a right to request an Appeal.
You will need to confirm whether you want to formally appeal in writing to the Head of School (via england.kss.gp.traineesupport@nhs.net) within 10 working days of being notified of the decision of the review panel.
If the grounds for appeal have previously been submitted for review by the original panel, clarification should be submitted in writing to confirm any changes or additional evidence that you wish to be heard at the appeal hearing.
Can I bring a representative to my ARCP appeal?
Registrars have a right to be represented at an appeal hearing, to address it and to submit written evidence beforehand.
Registrars should consider representation as soon as possible, and supply to the GP Programme Team: the name, contact details and the professional capacity (if applicable) of any representative or adviser who will be attending the appeals panel with them.
The trainee may choose to be represented, for example, by a friend, colleague or a representative of their professional body.
If a trainee wishes to be represented by a lawyer, then legal representatives should be 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.
In addition to a representative who will come into the appeal panel, the trainee may also wish to bring a friend or family member who can arrive with them and provide support on the day including before and after the appeal hearing.
Can my appeal be postponed?
It takes a significant amount of planning in order to confirm an appeal panel, due to the number and mix of panel member roles. If the trainee cannot attend the proposed date, the registrar should inform the GP Programme Team as soon as possible.
The registrar may apply for a postponement of proceedings. They should set out their reasons for requesting the postponement in writing to the Chair of the panel.
The appeal panel Chair may postpone a hearing:
– if appropriate documentation has not been circulated to the panel and / or registrar within the stated timescales
– to consider additional evidence not previously made available to the panel
– to request additional evidence / material crucial to the grounds for the registrar’s appeal
– where a postponement is justified, the panel Chair will write to the registrar to explain the reasons and confirm an alternative date will be arranged allowing time for the panel and registrar to consider any additional evidence in detail.
– where a registrar or their representative are unavailable to attend, the appeal hearing will only be rearranged on one further occasion.
– if the registrar or their representative is not able to attend the re-arranged appeal hearing, it will proceed in their absence. The registrar will be entitled to make representations in writing for the appeal panel to consider in their absence.
– where a registrar confirms their attendance and fails to attend, reasonable efforts will be made to contact the registrar to ascertain the reasons. The panel Chair will determine whether the hearing should proceed in the registrar’s absence, relying on the written evidence submitted.
What is the role of the Specialty Faculty Representative at an appeal panel?
The GP School will be represented at the formal appeal hearing by a Specialty Faculty Representative. The representative will give the management case as to why the original decision to award an Outcome 3 or 4 should be upheld.
They will be required to provide a written management case report to respond to grounds for appeal. The representative has the right to submit additional evidence to support their management case.
The representative should be able to give an overview of the trainee’s training to date and discuss the decision making process to award the Outcome 3 or 4.
Possible Faculty representatives could be:
– a member of the original ARCP panel (including Chair)
– Head (or Deputy Head) of School
– Training Programme Director
– General Practice Associate Director
– Business & Education Manager for the relevant specialty area
– Other senior members of the London and KSS Deanery
The Specialty Faculty Representative is not a member of the appeal panel and, along with the trainee, will leave the room during any deliberations of the panel.