Appeal process against removal from the list of agencies

This section contains information about the appeal process agencies go through against removal from the list of approved agencies for international recruitment.

Removal from the list

Agencies must understand that each case will be investigated on an individual basis. The investigation process will be carried out fairly and in a timely manner. If the agency is found not to be in breach of the code, it will remain on the list with no further action taken.

On receipt of an appeal from an agency against removal from the Code of Practice list, a formal appeals panel is convened to consider the appeal. The following information outlines the process undertaken by the appeals panel.

Appeals procedure

The purpose of the appeal procedure is to review the process and reason for our decision to remove an agency from the Code of Practice list when the agency believes the process was improperly administered or the decision was unjustified.

When an agency is to be removed from the list, it will be informed of the decision and can lodge an appeal against the decision. Once NHS Employers receives a written appeal request from the agency, the process of appeal begins. NHS organisations, NHS Purchasing and Supply Agency (PASA) and NHS Scotland are informed when the agency is removed from the list.

In most circumstances the agency will have been involved in the investigation about their removal from the list. For example, when NHS Employers needs to clarify details of events or the agency's operating procedures. Agencies are always given the opportunity to comment on the information and provide an explanation of their actions.

In their appeal request, agencies must set out the grounds for their appeal, with any written evidence to support their case.

Action by appeals panel

The appeals panel will comprise:

• a senior manager from NHS Employers who has not been involved in the original investigation and decision
• a member of the NHS Employers Policy Board
• a representative from the Department of Health
• a representative from the Scottish Executive Health Department in the case of appeals by Scottish agencies

The appeals process should be completed within six weeks of receiving the written appeal unless there are circumstances that warrant an extension. In these circumstances, the appeals panel should inform the organisation in writing of the reasons, and where possible, the timescale of the delay.

The panel members will consider the appeal submission together with the original papers supplied by the NHS Employers' investigation team. Panel members can ask for additional information or clarification from either the agency or the NHS Employers' investigation team.

Panel members do not have to consider the appeal together in a formal physical meeting but should meet together if requested by one of the panel members.

Consideration should be given to the following.

• Whether the primary investigators clearly demonstrated that a breach of the Code of Practice has taken place - the evidence should support this - and the decision to remove the agency from the list is proportionate.
• Whether there is any possibility that the information on which the original decision was based is incorrect.
• Whether the organisation has been given an opportunity to respond and provide an explanation of their actions.
• Whether the organisation disproved the evidence or raised serious doubt about its validity.
• Whether the process has been handled properly by NHS Employers.

The panel will make a majority decision whether to uphold or reject the appeal. It may also make other specific recommendations.

When the review is completed, the agency will be notified of the outcome in writing by NHS Employers.

If the appeal is upheld, the agency will be put back on the list and NHS trusts will be notified.