Appeal your Decision

During the COVID-19 crisis, NES aims to complete any ARCP appeals which are currently in progress although timeframes will likely be altered due to trainee and panel members' availability. This policy will be kept under review. 

 

These will be virtual meetings rather than face to face. Gold Guide recommendations regarding panel members will be followed. Please note however, that the Deanery Appeal process of including a Lay Representative as part of the panel membership will not be observed during this time.

 

If you disagree with the outcome you have received, you can informally discuss it with your educational supervisor or TPD / FPD in the first instance. 

The options for review/appeal are below.

Support is available at all stages of your training: Professional Support

If you received an outcome 2 (or 7.2):

Your progress has been acceptable overall but there are some competences that have not been fully achieved and need to be further developed. It is not expected that the rate of overall progress will be delayed or that the prospective date for completion of training will need to be extended or that a period of additional remedial training will be required.

• The ARCP panel will have documented the further development that is required, and this will have been explained to you at your face-to-face meeting.
• This documentation will be shared with your TPD and educational supervisor, who will make clear to you and your employer(s) what must be done to achieve the required competences as well as the assessment strategy for these.
• At your next ARCP, it will be essential to identify and document that these competences have been met, or you will be at risk of receiving an outcome 3 or 4.

If you disagree with this decision (outcome 2 or 7.2) you have the right to ask for it to be reviewed.

• A request for review must be made in writing, to the Chair of the ARCP panel (or nominated alternative, e.g. PG Dean) within 10 working days of your being notified of the outcome.
• Alongside your request for review, please provide supporting/additional evidence, (e.g. evidence of mitigating circumstances or other evidence relevant to the original panel’s decision).
• The original ARCP panel will review its decision (where practical) within 15 working days of receipt of your request. This may be undertaken virtually and the Chair will endeavour to include as many panel members as possible.
• Following the review, you will be notified of the panel’s decision and reasons in writing.
• If appropriate, the panel may invite you to meet with a senior representative to discuss the decision of the review.

The decision of the review of an outcome 2 or 7.2 is final and there is no further appeal process.

 

If you received an outcome 3:

The ARCP panel has identified that a formal additional period of training is required that will extend the duration of your training programme.

• The panel will have made clear recommendations about what additional training is required (duration and the circumstances under which it should be delivered, e.g. level of supervision). These will have been explained to you at your face-to-face meeting.
• The recommendations will also be shared with your educational supervisor and employer(s). Your TPD and the Deanery team will determine the details of your additional training based on local circumstances and resources.

If you disagree with this decision you have the right to appeal.

• A request for appeal must be made in writing, to the PG Dean within 10 working days of your being notified of the outcome. Your request must specifically state the grounds for appeal.
• On receipt of an appeal request, the PG Dean will arrange for a review of the original recommendation. The original ARCP panel will review its decision (where practical) within 15 working days of receipt of the appeal request. This may be undertaken virtually and the Chair will endeavour to include as many panel members as possible. The decision of the review panel and reasons will be communicated to you in writing.
• If the decision of the ARCP panel is upheld, you will be asked by the PG Dean if you would like to proceed to an appeal hearing.  You will have ten working days in which to respond.
• A formal appeal hearing should normally take place as soon as practical and without unreasonable delay. Members of the original ARCP panel will not take part.
• You can support your appeal with further written evidence relevant to the grounds of the appeal which must be received by the Deanery 5 working days before the appeal hearing.
• On proceeding to an appeal, the PG Dean and Deanery staff will provide you with full details of the arrangements, process and your requirements/input.
• You will be notified in writing of the appeal panel’s decision with reasons within 5 working days (where possible) of the appeal hearing.

The decision of the appeal panel is final and there is no further right of appeal.

If you are a Foundation Trainee, the arrangements for Appeal are slightly different (as per UK Foundation Reference Guide), please contact ARCP.Appeals@nes.scot.nhs.uk

 

If you received an outcome 7.3:

The ARCP panel has identified that you have not made adequate progress for this period of training for it to be formally recognised towards CCT/CESR.

If you disagree with this decision you have the right to appeal.

• A request for appeal must be made in writing, to the PG Dean within 10 working days of your being notified of the outcome. Your request must specifically state the grounds for appeal.
• On receipt of an appeal request, the PG Dean will arrange for a review of the original recommendation. The original ARCP panel will review its decision (where practical) within 15 working days of receipt of the appeal request.  This may be undertaken virtually and the Chair will endeavour to include as many panel members as possible.  The decision of the review panel and reasons will be communicated to you in writing.
• If the decision of the ARCP panel is upheld, you will be asked by the PG Dean if you would like to proceed to an appeal hearing. You will have ten working days in which to respond.
• A formal appeal hearing should normally take place as soon as practical and without unreasonable delay. Members of the original ARCP panel will not take part. 
• You can support your appeal with further written evidence relevant to the grounds of the appeal which must be received by the Deanery 5 working days before the appeal hearing.
• On proceeding to an appeal, the PG Dean and Deanery staff will provide you with full details of the arrangements, process and your requirements/input.
• You will be notified in writing of the appeal panel’s decision with reasons within 5 working days (where possible) of the appeal hearing.

The decision of the appeal panel is final and there is no further right of appeal.

If you received an outcome 4:

The ARCP panel has recommended that you are released from your training programme due to insufficient and sustained lack of progress despite having had additional training to address concerns over progress.

• The panel will document relevant competences that you have achieved and those that remain outstanding.
• Your NTN or DRN will be withdrawn.
• You may wish to seek further advice from the PG Dean or your employer about future career options, including pursuing a non-training service focused career pathway.

An outcome 4 can also be recommended in circumstances where there is no performance-linked need for additional training.

If you disagree with this decision (outcome 4) you have the right to appeal.

• A request for appeal must be made in writing, to the PG Dean within 10 working days of your being notified of the outcome. Your request must specifically state the grounds for appeal.
• On receipt of an appeal request, the PG Dean will arrange for a review of the original recommendation. The original ARCP panel will review its decision (where practical) within 15 working days of receipt of the appeal request. This may be undertaken virtually and the Chair will endeavour to include as many panel members as possible. The decision of the review panel and reasons will be communicated to you in writing.
• If the decision of the ARCP panel is upheld, you will be asked by the PG Dean if you would like to proceed to an appeal hearing.  You will have ten working days in which to respond.
• A formal appeal hearing should normally take place as soon as practical and without unreasonable delay. Members of the original ARCP panel will not take part.
• You can support your appeal with further written evidence relevant to the grounds of the appeal which must be received by the Deanery 5 working days before the appeal hearing.
• On proceeding to an appeal, the PG Dean and Deanery staff will provide you with full details of the arrangements, process and your requirements/input.
• You will be notified in writing of the appeal panel’s decision with reasons within 5 working days (where possible) of the appeal hearing.

The decision of the appeal panel is final and there is no further right of appeal.

If you are a Foundation Trainee, the arrangements for Appeal are slightly different (as per UK Foundation Reference Guide), please contact ARCP.Appeals@nes.scot.nhs.uk

 

If you have any further queries in relation to appeals, please contact Anne Dickson Training Management General Manager

 

 

 

 

 

This page was last updated on: 03.04.2020 at 10.50