Primary and Final FRCA examinations (reviews and appeal) regulations

Published: 29/07/2019

Appeals

14

If a candidate who has received a reply under Regulation 12.d remains dissatisfied with the findings of the Director and wishes to challenge the points set out in the decision letter, he/she may submit an Appeal using the application form at Annex A to the College’s Appeals Clerk. This should set out the grounds of his/her reasons for Appeal. No Appeal may be made in matters which relate solely to the examiners’ judgement. The Appeal application form must be accompanied by a fee of £1,655 (by cheque payable to ‘The Royal College of Anaesthetists’) and must be received within two calendar months of the Director’s decision letter. The Chair of the Panel has the power to decide whether all, part or none of the Appeal fee is returned.

15

On receipt of an Appeal application the Appeals Clerk will confirm receipt in writing and advise the Appellant of a date by which an Appeal Panel will be appointed, which will not be more than one calendar month after the date of receipt of the application. At this stage; the Appellant can request a meeting with a senior FRCA examiner who is not involved in the Review or the Appeal, to discuss the FRCA examination processes or marking systems, the senior examiner will be nominated by the College. The content of this meeting cannot be used as further evidence towards the case of the Appellant or the College. The Appellant may withdraw his/her application and receive a full refund of fee providing it is prior to the final date set for the appointment of the Appeal Panel. The applicant shall not be eligible to apply for or undertake any FRCA examination where a matter under Appeal remains unresolved.

16

On appointment, the Panel will consist of two examiners who have not previously been involved at any time in the examination of the Appellant or his/her Review and a Chair, who will have no formal connection with the College, is not medically qualified but has experience of examining in the fields of higher and postgraduate education. The fee submitted by the Appellant covers professional and travel costs which are chargeable/incurred by the Panel. The Appeals Clerk will notify the Appellant of the names of the members of the Panel and set the date and time at which the Appeal will be heard, at the same time, confirming to the Appellant the reasons for the Director’s Review decision. The Appeal hearing will be set at a date that is no more than three calendar months from receipt of the Appeal application form. On the date set by the Appeals Clerk, the Panel shall proceed to hear the Appeal in accordance with Notes for the Chair at Annex B and Procedures for Appeal Hearings at Annex C to these Regulations. The Appeals Clerk will meet the Appellant on arrival and provide advice on the procedure, confirm the names of witnesses to be called on behalf of the Appellant and the College and fix timings.

17

At the conclusion of the proceedings, which are to be conducted in accordance with Annex C, the Panel shall reach its findings. The findings the Panel can make are:
a) That the Appeal is dismissed; no further Appeal may be considered.
b) That the Appeal is justified in whole or in part but that the matter does not justify further action.

c) That the Appeal is justified and either that:

  1.  any mark originally awarded to the Appellant shall be appropriately corrected and, if the consequence of such correction so requires, that the Appellant shall be declared successful in the examination; or
  2. the result of the Appellant’s examination shall be declared void and that he/she shall be allowed to re-sit without payment of any fee.

18

The Chair shall have the power to decide whether all, part of or none of the Appeal fee will be returned.

19

On announcing its finding the Panel shall give reasons for its decisions, which will be confirmed in writing (the decision document). The Appellant will be advised of an approximate date on which the decision document will be available. The decision document will be signed by all members of the Panel as being an accurate record of the Panel’s findings and reason(s) for their decision. Five copies will be produced; one copy will be held on College files, one copy to the Appellant and one copy for each member of the Panel.