13.1 If a candidate who has received a reply under Regulation 12.6.4 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 to the College Appeal Clerk, using the form at Appendix 5 to these Regulations. No Appeal may be made in matters which relate solely to the examiners’ judgement. The Appeal must be accompanied by a fee of £1,500 (by cheque made payable to ‘The Royal College of Anaesthetists’) and must be received within two months of the Director’s decision letter.
13.2 The Reviews 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 FICM examiner who is not involved in the Review or the Appeal, to discuss the FICM examination processes or marking system, the senior examiner will be nominated by the Faculty. The content of this meeting cannot be used as further evidence towards the case of the Appellant or the Faculty. 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.
13.3 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 (the examiners may be drawn from the FICM or FRCA Board of Examiners), and a chair, who will have no formal connection with the Faculty or College. The Appeal hearing date will be set by the Appeals Clerk. The panel shall proceed to hear the appeal in accordance with notes for the Chair at Appendix 6 and Procedures for Appeal Hearings at Appendix 7 to these Regulations. It shall allow adequate periods of notice to both parties, an opportunity for the Appellant to be present in person and to be represented, and an opportunity for the Appellant, or his/her representative, to present the Appeal and to respond to any answer the Director may make.
13.4 At the conclusion of the proceedings the panel shall reach its findings. The findings a panel may make shall be as follows:
13.4.1 That the Appeal is dismissed; no further appeal may be considered.
13.4.1 That the Appeal is justified in whole or in part but that the matter does not justify further action.
13.4.2 That the Appeal is justified and either that:
(a) 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
(b) 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.
13.5 The Chair shall have the power to decide whether all, part of or none of the Appeal fee will be returned.
13.6 In announcing its findings the panel shall give reasons for its decision in writing.
13.7 Applications for FFICM examinations will not be accepted whilst a matter under Appeal remains unresolved.