Appeals Policy

1. Purpose and Scope

1.1 The purpose of this Appeals Policy is to provide a clear, transparent process for any participant (“you” or “learner”) who wishes to appeal a decision made by our organization in relation to:

The outcome of a monitoring process (e.g. assessment or evaluation results)
Decisions about reasonable adjustments or special considerations
Findings or sanctions resulting from malpractice or maladministration investigations

1.2 This policy applies to all participants enrolled in or attending our events, workshops, training programs, or other learning activities. It ensures that appeals are dealt with fairly, consistently, and in a timely manner.

2. Definitions

Appeal: A formal request by a participant to reconsider a decision or outcome related to their event participation, assessment result, or any investigation outcome.
Reasonable Adjustments: Arrangements made to enable individuals with particular needs (e.g. disability, medical condition) to access an event or assessment on an equal basis with others.
Special Considerations: Adjustments made in situations where a participant’s performance may be adversely affected by temporary illness, personal difficulties, or unforeseen circumstances.
Malpractice: Any deliberate or reckless act that breaches regulations, for example cheating, falsifying documents, or providing misleading information.
Maladministration: Mistakes or poor administration that cause or risk causing participants to be treated unfairly (e.g. incorrect instructions or mishandling of results).

3. Grounds for Appeal

Participants may submit an appeal if they believe that:

Procedural Error: The correct procedure was not followed, which could have affected the decision or outcome.
Evidence Consideration: Relevant evidence was not reviewed, or new evidence has emerged that might change the outcome.
Bias or Unfair Treatment: The decision was made in a manner that was biased, discriminatory, or not in line with published policies and procedures.
Severity of Sanction: The sanction or penalty imposed (in malpractice cases) is disproportionate to the offense.

4. Principles of the Appeals Process

4.1 Fairness and Impartiality: All appeals will be handled objectively, without bias, and in accordance with our Equal Opportunities Policy.
4.2 Transparency and Clarity: Clear reasons will be provided for decisions at each stage of the appeals process.
4.3 Timeliness: Appeals will be processed promptly, following the timescales set out below.
4.4 Confidentiality: All parties involved are required to maintain confidentiality of information related to the appeal.

5. Appeals Procedure

5.1 Stage One: Informal Resolution

a. If you disagree with a decision (e.g. an assessment result or a finding of malpractice), you should first discuss the matter informally with the relevant event organizer or assessor.
b. If the issue can be resolved at this stage (for example through a recalculation or clarifying feedback), no formal appeal is necessary.
c. If you remain dissatisfied after informal discussions, you can move to Stage Two.

5.2 Stage Two: Formal Appeal

a. Submission of Appeal: Submit a written appeal (via email or a designated form) within a specified timeframe (e.g. 10 working days) of receiving the initial decision. The appeal should include:
- Your name, contact details, and relevant event/assessment details
- The specific decision you are appealing
- The grounds for your appeal
- Any evidence or documentation supporting your claim
b. Acknowledgement: We will acknowledge receipt of your appeal within a set timeframe (e.g. 5 working days).
c. Review Panel/Investigation: A panel, or an appointed investigator, will:
- Review all relevant documentation (e.g. assessment scripts, correspondence, evidence)
- Interview or request clarifications from relevant parties (the participant, assessor, or others, as needed)
- Ensure that no one involved in the first decision is solely responsible for reviewing the appeal
d. Outcome of Formal Appeal:
- A formal written response will be provided, typically within 15 working days of acknowledging the appeal.
- The response will set out the panel’s findings and the rationale for upholding or rejecting the appeal, along with any remedial steps (if applicable).

5.3 Stage Three: Final Internal Review

a. If you are dissatisfied with the Stage Two outcome, you may request a final review by a senior decision-maker (who was not involved in earlier stages).
b. Requests for a final review must be submitted in writing within a set timeframe (e.g. 5 working days) of receiving the Stage Two decision.
c. The senior decision-maker’s review will primarily look at:
- Whether correct procedures were followed at Stage Two
- Whether the decision reached was reasonable, based on the evidence
- Any additional relevant evidence that was not previously considered
d. The final review decision will be communicated in writing within 10 working days, with details of any changes to the original outcome. The final review decision is binding within the organization.

6. Outcomes of an Appeal

If an appeal is upheld, possible outcomes or remedies may include (but are not limited to):

Adjusting an assessment score or result
Revising or removing a sanction or penalty
Offering a re-assessment or re-submission opportunity
Providing additional support or adjustments

If the appeal is not upheld, the original decision stands. In either situation, a full written explanation will be provided.

7. Record-Keeping and Monitoring

7.1 A record of each appeal, including correspondence, evidence, and final outcomes, will be maintained securely for a minimum of 5 years.
7.2 Appeals data will be reviewed annually to identify any trends or areas for improvement in our processes.

8. Confidentiality and Data Protection

8.1 We will handle all appeals and any related information in confidence, in line with applicable data protection legislation (e.g. the UK GDPR).
8.2 Only those directly involved in investigating or deciding upon an appeal will have access to personal data provided in the appeal.

9. Policy Review

This Appeals Policy is reviewed on a regular basis (at least annually or in light of legislative/regulatory changes) to ensure continued suitability and effectiveness.