Appeals Process

Appeals Panel and Reviews of the Decisions of the Screening, Hearing and Health Panel 

The information on this page should be read in conjunction with the Complaints and Disciplinary Procedures Governing Members and Registrants

a. BABCP, the Complainant or the Registrant/Member have the right to appeal any decision made by the Screening Panel, Interim (or Emergency) Suspension Panel or Hearing/Health Panel. Any appeal must be made in writing and lodged with the Complaints and Resolution Manager within 28 calendar days of the decision appealed against.

b. The appeal must specify the grounds for appeal and be accompanied with any supporting documentary evidence. The Appeals Panel will only consider the allegations which were part of the original complaint and will not hear new allegations.

c. A decision may be appealed on one or more of the following grounds: 

i. The decision, or part of it, was wrong; 

ii. There has been a failure of procedure which was material to the decision made and which renders the decision unsafe or unjust; 

iii. There is new evidence, which was not reasonably available at the time of the Hearing Panel and which may have had a material effect on the finding of the complaint had it been considered; 

iv. The Complainant or BABCP considers the decision on sanction was unduly lenient; 

v. The Registrant/Member considers the decision on sanction was unduly severe. 

d. The Appeals Panel will first consider whether there is a realistic prospect that the appeal will succeed on one of the grounds set out in section 32 (c): 

i. Where the Appeals Panel decide that there is no realistic prospect of success, the appeal will be dismissed and the appellant will be notified of the decision and the reasons for it; 

ii. Where the Appeals Panel decide that there is a realistic prospect of success, an appeal will be heard and the parties to the original complaint and the Complainant will be notified of the decision. The Appeals Panel may limit the scope of an appeal to a particular issue(s).

e. The Appeals Panel will review the evidence and decisions made by the Hearing/Health Panel; they will consider whether due process was followed, and if decisions taken by the Hearing or Health Panel were fair and proportionate based on the evidence presented. In determining an appeal, the Appeals Panel can: 

i. Dismiss or grant the appeal or any part of it; 

ii. Substitute the whole or any part of the Hearing Panel’s decision with one of its own; 

iii. Uphold the Hearing Panel’s sanction, or substitute its own sanction or order that any sanction be lifted; 

iv. When the appeal is an appeal against a sanction, the Appeals Panel can review all of the Panel’s findings to determine whether the sanction is proportionate and fair. 

f. The procedure to be followed at the appeal will be determined by the Chair of the Appeal Panel. 

g. The Appeals Panel will convene no later than 28 working days after an appeal is received in writing to the Complaints and Resolution Manager from either the Complainant or the Member.

h. Where a party fails (or refuses) to attend an Appeal, the Panel may decide to: 

i. Proceed with the Hearing in the absence of one or both parties; or 

ii. Adjourn the Hearing to a new date. 

i. A copy of the Appeals Panel’s decision and reasons will be provided to the Complainant and the Member.

j. The burden shall be on the party making the appeal to satisfy the Appeal Panel that one or more of the grounds of appeal should be upheld.

k. Any dissatisfied party may raise their concerns with the PSA.