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Your right of appeal
If you wish to appeal, you must do so within 28 days from the date on which the relevant decision was made. Your appeal is not regarded as made until it has been received by the HCPC.
Notice of appeal
An appeal must be made in writing. It must be signed by you and contain the following information:
- your name and address;
- a clear statement that you are making an appeal (for example, “I wish to appeal against the decision to…”);
- a concise statement of your grounds of appeal (which is explained below); and
- details of any person appointed to represent you and whether the HCPC should correspond with them rather than you.
You must include with your notice of appeal any documents that you intend to rely upon for the purpose of your appeal.
You can make your appeal in the form of a letter or, if you wish, use the notice of appeal form which is enclosed with these notes.
Please note: The HCPC normally verifies the authenticity and veracity of certain documents which applicants submit in support of a registration application, such as identity documents, qualifications, references and career histories. The same verification process will apply to any documents of a similar kind which you submit in support of your appeal.
Grounds of appeal
When you make an appeal it is up to you to explain to the Appeal Panel why you believe the original decision is wrong. These are your ‘grounds of appeal’. Your grounds of appeal do not need to be lengthy or written in legal language, but it is not enough just to say ‘the decision is wrong’ or ‘my application should have been allowed’. If you have information or evidence that supports your appeal, you should enclose it with your notice of appeal.
Oral or paper hearing?
Appeals may be determined on the basis of documents alone but an oral hearing will be arranged if:
- you ask for an oral hearing, or
- the Appeal Panel decides that an oral hearing would be more appropriate.
If your appeal is dealt with based on the documents alone, we will provide you with a further opportunity to submit written representations to the Appeal Panel. You may do this up to seven days before your appeal is considered by the Panel.
If an oral hearing is held, we will give you at least 28 days’ notice of when and where the hearing will take place. Once a hearing date has been set, you will only be able to ask for it to be postponed in exceptional circumstances, such as illness or bereavement.
Please note that, if you fail to attend a hearing, the Appeal Panel may hear the case in your absence.
You are entitled to be represented at a hearing by any person of your choice, other than a member or employee of the HCPC. Your representative may but does not need to be legally qualified.
If you appoint a representative, you need to tell us and also let us know whether we should send all future correspondence to your representative rather than you.
Please remember that, at an oral hearing, the Appeal Panel will almost certainly want the opportunity to speak directly with you, to ask you questions and listen to your answers. A representative cannot give your evidence on your behalf. If you decide not to appoint a representative, you are welcome to bring someone to a hearing for ‘moral support’.
Directions and preliminary hearings
The Appeal Panel may give ‘Directions’ about how a case is to be conducted (for example, setting a deadline by which documents must be filed with the Panel). You must read any Directions carefully and comply with them. The Appeal Panel may include a ‘strike out warning’ in any Directions it gives. This means that, if you do not comply with the Directions within any deadline that has been set, your appeal may be struck out and not considered further.
Most appeals are relatively straightforward and arrangements can usually be made for an appeal to proceed directly to determination or a hearing. Occasionally, in complex cases, the Appeal Panel may decide that it would be helpful to hold a preliminary hearing to determine how the case is to proceed.
If your appeal is unsuccessful, you have a further right of appeal from the Appeal Panel to a County Court in England and Wales or Northern Ireland, or in Scotland, to a Sheriff.
If you have any questions or would like to discuss your appeal further, please contact the Registration Appeals Team on 44 (0)300 303 2059, or email on email@example.com
If you would like an electronic copy of the form, please click here to download the template.