Appeal Panel Guidelines

The following procedures/guidelines are designed to provide appeal panels with a framework for making decisions when considering appeals against decisions of the RPSC’s adjudication panel. The guidelines are not exhaustive, nor intended to restrict an appeal panel from exercising its own judgement. Appeal panels will judge each case on its particular merits and makes decisions accordingly.

The purpose of the appeal procedure is to avoid unfair outcomes arising from poor application of the complaints procedure. It is not an opportunity for either party to ask for a second consideration on matters of fact, nor ask for second opinion on the judgement.

The grounds for appeal are therefore limited to:

1. demonstration that the RPSC or the panel has not followed the complaints procedure properly and that this process failure might have led to a materially unfair outcome
2. representation that the sanction applied was disproportionate to the findings of the adjudication
3. the adjudication panel could in no way reasonably have come to the decision made on the evidence presented.

Step 1

Within 28 days of receiving the final adjudication letter sent by the adjudication panel appointed by the Registration and Professional Standards committee (RPSC) a complainant or HG therapist complained about may appeal against the decision of the adjudication panel.

A decision as to whether there are grounds to admit the appeal will be made by one of the co-chairs of RPSC and communicated within 7 days of the application being received. If an appeal is granted, the party appealing will have a further 14days to provide full evidence supporting their grounds for appeal.

Step 2

In the event of a successful application for appeal, the complaints manager at the RPSC will inform members of HGI appeal panel pool that an appeal has been made. The appeal panel pool consists of HGI members and lay members who have volunteered to consider appeals when they arise. Appeal panels are formed of a minimum of three members from the appeal pool, one of whom must be a lay member. Appeal panel members are not members of the RPSC.

The complaints manager will convene an appeals panel from those available/willing to sit on it and will notify the chair of the adjudication panel, the complainant and the therapist concerned that this has been done. (Expenses such as telephone, postage and any travel costs incurred by appeal panel members are reimbursed by the HGI.)

Step 3

The appeal panel members will elect a chair, who will usually have the responsibility for communicating with the co-chairs of the RPSC and, where appropriate, the complaints manager, during the appeals procedure.

Decisions must be communicated to complainants within 28 days of receipt of their notification of intention to appeal. If it is not possible to reach a decision within 28 days, complainants must be informed of progress.

Step 4

One of the RPSC co-chairs will provide the appeal panel with all documentation relevant to the stated ground(s) for the appeal, either by post or confidential, secure electronic transmission, as appropriate. The co-chair of the RPSC will also provide the appeal panel with any further information received from the complainant, the therapist complained about or any other interested parties.

These documents will typically include written details of the complaint, related correspondence, and copies of the RPSC decision letters to the complainant and the therapist concerned.

Step 5

The appeal panel members will declare any potential conflict of interest that might prejudice (or be seen to prejudice) their judgement in relation to the appeal. For example, if a panel member has prior knowledge of the case and/or has had prior dealings with the complainant or with the therapist concerned, they must declare a conflict of interest and withdraw from the procedure, to be replaced by another individual from the appeal panel pool.

Step 6

Depending on the grounds for appeal, the appeal panel will review whether the procedure followed was in line with policy; the sanction applied was proportionate; and/or that the decision made was reasonable in view of the evidence presented.

Whilst every effort should be made to achieve a consensus, the appeal panel chair will have the casting vote in cases where a unanimous decision cannot be reached.

Step 7

If the appeal panel concludes that there are no valid grounds for appeal in relation to the above criteria, it will dismiss the appeal.

If the appeal panel concludes that there are valid grounds for appeal, it will consider the appeal, keeping accurate records of the proceedings. Where it concludes that the decision of the adjudication panel was not justified, it will take a new decision.

If the appeal panel concludes that the sanction applied was disproportionate to the findings of the adjudication, it will apply a more proportionate sanction or no sanction at all. In making such a determination, the appeal panel must refer to the Indicative Sanctions Guidance.

Step 8

When the appeal panel has arrived at a decision, the chair will send a letter to the complainant, outlining its decision and reasoning.

The letter will be printed on the HGI letterhead and marked ‘Private and Confidential’. It will be posted using the Royal Mail ‘signed for’ service.

The letter should make clear that any reply should be marked ‘Private and Confidential’ and addressed to the HGI Membership Secretary at The Human Givens Institute, Church Farm, Church Farm Lane, Chalvington, East Sussex, BN27 3TD. The membership secretary will forward any replies to the chair of the appeal panel.

The appeal panel chair will provide the co-chair of the RPSC with a copy of the decision letter, sent either via the Royal Mail ‘signed for’ service or via confidential, secure electronic transmission. Records of the proceedings and decision of the appeal panel should be forwarded to the HGI Membership Secretary by the same means. The HGI Membership Secretary will arrange for their secure storage at the HGI office in Chalvington. A full electronic record should be saved on the RPSC secure data storage system.

Electronic records held by panel members must be deleted and paper records must be destroyed.

General Note:

The HGI Complaints Procedure can be viewed here.