Primary and Final FRCA examinations (reviews and appeal) regulations
Annex C Procedures for Appeal Hearings
TO BE PRESENT
Two nominated examiners not previously involved in the examination or Review of the Appellant
Appellant’s Representative (if desired by the Appellant)
Education, Training and Examinations Director (Director), on behalf of the examiners
Appeals Clerk to minute the proceedings
Chair to explain the procedure to the Appellant and Appellant’s Representative if present.
a) The Appellant may appoint a representative who may be medically but not legally qualified.
b) If an Appellant’s Representative is present, the Chair is to establish whether the Appellant or the Appellant’s Representative is to present the Appellant’s case and answer questions. If the Appellant’s Representative is to present the case, then the Appellant may only contribute as a witness.
New evidence may be brought to the hearing by either side. This new evidence should be made available to the Appellant or Director at least ten days before the date of the hearing. Neither the Appellant nor the Director can rely on any matter raised at the meeting with the senior examiner (paragraph 15), if so used.
a) Either party may request witnesses to be present, subject to notifying the Appeals Clerk in writing not later than 21 days before the appeal hearing, with the reason why they have been invited. The Appeals Clerk will liaise with the Chair. Both parties will be advised accordingly.
b) The decision to call witnesses will rest with the Chair of the Appeal Panel whose permission will not be unreasonably withheld. Normally not more than two witnesses would attend for either party. The Appeals Clerk will arrange for witnesses required to attend the hearing.
c) In the case of multiple witnesses, the Chair may require witnesses to present written statements rather than to appear in person. All those to be present at the appeal hearing will be notified of the names of the witnesses to be called and those whose evidence will be read.
d) Witnesses for the College will be reimbursed for expenses reasonably incurred and normally within the UK. The Appellant’s witnesses will not be reimbursed by the College.
Presentation of Evidence
- The Appellant/Appellant’s Representative presents the grounds of the Appeal with reference to, and contributions from, any witnesses permitted by the Chair, whether in person or by written statement.
- The Director may cross-examine the Appellant/Appellant’s Representative and witnesses.
- The Appellant or Appellant’s Representative will have the right to re-examine any witnesses on completion of cross- examination.
- At the end of this process, members of the Panel may question a witness. Finally, the Chair will ask if there are any further questions before standing down the witness.
b) Education, Training and Examinations Director
- On completion of the case for the Appellant, the Director will state why the matter on which the Appellant’s Review was based on did not provide sufficient proof of impropriety or bias regarding the organisation, content, conduct or determination of the result of the examination, with reference to, and contributions from, any witnesses.
- Procedures 5.a.(2)–(4) are followed on behalf of the Director and his witnesses.
c) When appropriate, the Chair of the Panel will release all witnesses.
d) The Appellant/Appellant’s Representative makes a final summary statement of the Appellant’s case - no new material may be introduced during the summary statement.
The Appellant, Appellant’s Representative and the Director leave the room.
The Appeal Panel reaches its findings which will normally be declared immediately.
The Chair shall have the power to decide whether all, part or none of the appeal fee will be returned.
In announcing its finding, the Panel shall give reasons for its decision.
The decision of the Appeal Panel is to be confirmed in writing to the Appellant (the decision document). A copy will be provided to each member of the Panel and a copy will be held on College files.