Peninsula Foundation School Appeals Policy
Purpose
To set out the procedures that will be followed, should an appeal be lodged against the Peninsula Foundation School.
Principles
The appeals process will be governed by the following guidelines:
- The appeals policy will be readily accessible and available to all
- The appeals process and the procedures followed will be open and transparent and in accordance with law
- Those considering appeals will do so in a fair, reasonable and indiscriminate way
- Appeals will be heard and decided in a reasonable time
- The confidentiality of the appellant will be maintained, subject to the requirement for appropriate investigations
Circumstances Which May Warrant Appeal
A Foundation doctor will have the right to lodge an appeal wherever he or she is able to demonstrate that the actions of the Foundation School* have not followed procedure.
This might be (but is not exclusively) in:
- Recruitment and Selection (out with national recruitment, which has a national appeals process)
- Foundation School Transfer applications
- Special Circumstances applications
- Time Out of Foundation Programme applications
The foundation doctor should establish whether they are appealing to the School, against the application of the School’s procedures, or should be appealing to a Trust, against the application of the Trust’s procedures.
Process
- In the first instance, the foundation doctor should always attempt to resolve their complaint by discussing the case with their Educational Supervisor and Trust Foundation Programme Director, where appropriate.
- Where this is not possible, or where the issue is not resolved to the satisfaction of the trainee, the case may then be presented in writing to Miss Angela Cottrell, Foundation School Director. This must be done within 10 working days of being notified of the decision/result that is being appealed.
- The Foundation doctor will be notified of the decision of the Head of Foundation School in writing.
- The Foundation doctor will be informed that if they are not satisfied with the decision made, they can request for a final appeal to be heard by the Foundation School Board Appeals Panel. This request must be made in writing to the Postgraduate Dean, within 10 working days of being notified of the decision of the Foundation School Director. The request must include a full statement of the grounds of appeal and any evidence to support the appeal.
Foundation School Board Appeals Panel
In case the above, a Foundation School Committee Appeals Panel will be convened, which will consist of the following members:
- Postgraduate Dean or representative (Chair)
- Trust Foundation Programme Director (not previously involved in the case)
- Lay representative
- Trainee representative
The Panel members will consider the statement and evidence provided. The Panel will decide whether the appellant has demonstrated that procedures have not been followed and that this has resulted in an adverse effect on their training. The Chairman of the Panel will inform the appellant of the outcome of the appeal within 15 working days. The decision of the Foundation School Committee Appeals Panel will be final, and the trainee will have no further right to appeal.
ARCP Outcomes Appeals
Appeals relating to progress/Sign Off will be conducted in accordance with the Gold Guide paragraph 4.158 – 4.183 (https://www.copmed.org.uk/images/docs/gold-guide-9th-edition/Gold-Guide-9th-Edition-August-2022.pdf).
Withdrawal of Appeal
Should the Foundation doctor wish to withdraw an appeal, this may be done in writing at any stage of the process.
* meaning in this context, a decision by personnel in the Deanery or Trust associated with the Foundation School. This could include Trust Foundation Programme Directors, supervisors and administrative staff associated with the programme