Appeals

Grounds for appeal | Preliminary procedure | Consideration of the appeal |
Guidance for appeal submissions

A candidate who has attempted either the Part A or B examination may appeal, in certain circumstances, against the result.

 

Grounds for appeal

  1. There is a procedural irregularity in the conduct or content of the Examination (including administrative error) which has adversely affected the candidate's performance or result.
  2. There were exceptional circumstances, such as illness or some other extenuating circumstance, which adversely affected the candidate's performance in the examination and were not revealed for valid reasons prior to receipt of the result. The candidate's request for consideration must be supported by documentary evidence.
  3. There were exceptional circumstances, such as illness or some other extenuating circumstance, which adversely affected the candidate's performance in the examination and which were revealed to the Faculty prior to receipt of the result, but which were overlooked or unfairly dealt with by the Faculty.

Appeals will not be accepted on the grounds that a candidate:

  1. Considers his or her efforts were under-marked.
  2. Did not understand or was unaware of the Examination Regulations.
  3. Seeks to question professional or academic judgment.

The Faculty intends to deal with extenuating circumstances fairly and consistently. All candidates are provided with an extenuating circumstances form [form for Part A (pdf) / form for Part B (pdf)] when they apply for the examination. Candidates are advised that it is their responsibility to submit details of any extenuating circumstances to the Faculty Education Office (address below) in writing before taking the examination or immediately (within three working days) afterwards. Failure to do so will be noted should an appeal be submitted.

 

The Preliminary Procedure

A candidate wishing to appeal must submit written representations, together with the required fee equivalent to the current examination fee, to the Chief Executive and the Academic Registrar of the Faculty within one calendar month of the date of dispatch of the results ("the time limit"). Relevant documentary evidence (such as medical certification) must be included. It may be possible, in exceptional circumstances where valid reasons are provided in writing, to waive the time limit. The decision as to whether or not to waive the time limit is at the absolute discretion of the Chief Executive of the Faculty and the Faculty Academic Registrar to whom all late appeals will be referred by the Chief Executive.

The Education Office will collate the relevant documentary information and arrange for a preliminary review of the appeal.

That preliminary review shall be conducted by the Chief Executive . If it is considered that there is no prima facie case, i.e. that the appeal request is outside the permitted grounds, frivolous or vexatious, the appeal will be referred to the Academic Registrar (or his/her deputy) for consultation.

If it is then agreed by the Academic Registrar that there is no prima facie case, the Chief Executive will inform the appellant within 10 working days of receipt of the appeal that the appeal has been rejected for that reason.

Any further representations by the appellant at this stage must be made within the time limit specified above.

 

Consideration of the appeal by the MFPH Appeals Panel

If it is agreed by the Chief Executive and Academic Registrar that there is a prima facie case the Chief Executive will refer the appeal to an Appeals Panel to be convened by the Education Office comprising the following:

  1. The Academic Registrar (or deputy) to act as Chair of the Appeals Panel.
  2. A member of the Education Committee who has not previously examined the appellant and who has no involvement in examination procedure.
  3. A current Faculty Examiner who has not previously examined the appellant.

The Education Office will arrange a date for the Appeals Panel to meet to consider the appeal within a reasonable time after the date on which the appeal was received by the Chief Executive ("the hearing"). The Chief Executive (or his/her delegated representative) will attend the hearing as an observer and he/she will inform the appellant that the appeal has been referred to the Appeals Panel at least twenty-one days in advance of the hearing.

The Appeals Panel will consider the appeal in the light of written evidence presented and will afford the appellant the opportunity of addressing the Panel at the hearing. No member of the Appeals Panel will have been involved in assessing the appellant in the Examination although the examiner(s) may be asked to provide information for the Appeals Panel to consider.

The appellant will be invited to present his/her reasons in person to the Appeals Panel at the hearing. The appellant shall be entitled to be accompanied by a Next Friend. The Next Friend may advise and counsel the appellant but will not be allowed to make statements to or cross examine the MFPH Appeals Panel or otherwise to take part in the proceedings, except with the permission of the Chair (see the accompanying Guidance for Candidates on Submitting an Appeal). The procedure to be adopted at the hearing shall be at the absolute discretion of the Chair.

If the Appeals Panel is of the view that the appeal should be upheld, the Panel will consider amending the original Examination result.

If the Appeals Panel agrees that the appeal should be rejected, the Chief Executive shall communicate the decision to the appellant in writing, with brief reasons, within 14 days of the hearing.

The Appeals Panel's decision shall be made on a majority basis and shall be final.

 

Guidance for candidates submitting an Appeal

Candidates are advised to read this guidance, as well as the appeal procedure itself, before deciding to proceed with an appeal.

1. Personal details required

1.1 When submitting the appeal please provide the following personal details:

  1. Name.
  2. Examination/candidate number.
  3. Address for correspondence.

1.2 Failure to provide these details accurately (or failure to inform the MFPH Examination Office of any amendments punctiliously) may result in delays in processing your appeal.

 

2. Grounds for appeal

2.1 The following information regarding grounds for appeal is required:

  1. The Examination result that is being appealed against (e.g. MFPH Part A Examination).
  2. Date of the Examination (e.g. June 2007 sitting).
  3. Circumstances that you consider affected your performance or the consideration of your results.
  4. Details of why you did not disclose these circumstances at an earlier stage (if appropriate).
  5. Evidence to substantiate your claims (you should note that Medical Certificates alone are NOT accepted to support claims of illness - you will be expected to provide a letter from a medical practitioner outlining the circumstances).

2.2 Should any of these relevant details be missing in the submission of the appeal, it is likely that your case will be dismissed at the preliminary stage (you should at least provide an explanation for the absence of evidence).

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3. Points to consider in submitting an appeal

3.1 The MFPH Appeals Procedure is intended to be an open and fair process. However, it is recommended that candidates pay close attention to the following information.

3.2 The appeal is not a process for questioning academic or professional judgment.

3.3 The appeal is not a complaints procedure and only details that clearly demonstrate that circumstances affected your performance or the consideration and processing of your results will be considered.

3.4 The existence of mitigating circumstances or procedural defects are not regarded generally as a substitute for academic or professional performance. Therefore, candidates should not anticipate that the upholding of an appeal will automatically result in a fail result being converted to a pass.

3.5 Candidates are advised that should an appeal be rejected there are no further opportunities to submit additional details. Please ensure that you include everything you wish to be considered as part of the appeal in the first instance.

3.6 There are many opportunities for you to make examiners and invigilators aware of any extraneous factors before your results are considered. For example:

  1. If you are ill or have a special need at the time of the Examination inform the examiners or invigilators as they may be able to take these circumstances into account and prevent a problem arising.
  2. Should there be an irregularity in the conduct of the Examination, inform the examiners or invigilators so they may be able to take these circumstances into account and prevent a problem arising.
  3. If at the end of an Examination you consider there are circumstances that should be taken into account, please inform the Faculty of Public Health Education Office immediately (within three working days).

3.7 Appeals may be rejected on the grounds that insufficient effort was made to disclose circumstances at an early stage or that the claims were not backed up with substantive evidence. While the Faculty of Public Health cannot advise on how to go about making a case for appeal, we do advise you to discuss this matter with an advisory or representative body (e.g. the BMA). Please note that should there be a hearing you may attend and bring with you a Next Friend. The Next Friend may advise and counsel you but will not be allowed to make statements to or cross examine the MFPH Appeals Panel or to otherwise take part in the proceedings, except with the permission of the Chair. The Next Friend may be legally qualified or professionally engaged in advocacy or legal practice but may not represent you in a legal capacity.

 

4. The Hearing

4.1 There is no absolute right to have a hearing as part of the appeal unless and until the appeal has been referred to the Appeals Panel in accordance with paragraph 3.1 of the Appeals Procedure. The Faculty of Public Health will strike out any claim that, in its opinion, is outside the permitted grounds, frivolous, vexatious, incomplete, or unsubstantiated at the preliminary stage.

4.2 Should the appeal proceed to a hearing this will be the opportunity for you to state your complaint and respond to requests for information. The hearing will not provide the forum for explaining the procedure to the appellant and any queries regarding the workings of the appeal should be put separately in writing to the Chief Executive .

4.3 The MFPH Appeals Procedure is an internal administrative procedure for reviewing your performance in the MFPH Examination. It is not a forensic process.

4.4 We appreciate it may not be practicable for some candidates, particularly those based overseas, to attend a hearing. We will allow appeals to be processed by correspondence and the Appeals Panel will consider any written statements submitted. Before dealing with any appeal by correspondence, a candidate must confirm in writing that he/she will waive their right to a hearing. Candidates will be expected to pay all their own costs (travel etc) for attending any hearing.

 

5. Declaration

5.1 In your letter of appeal please clearly state that it is your intention to appeal against an MFPH Examination decision. In submitting an appeal, we would expect you to understand that the details you provide are true and complete and that you would be prepared to answer further questions in relation to any claims you make.

5.2 All details will be treated in a confidential manner, disclosed only to those individuals involved in the appeals process, or cited by you as someone who can substantiate your claims. We will seek your permission should we need to disclose details to any other individual or party as part of the consideration of your appeal.

5.3 Furthermore, the Faculty of Public Health regards the submission of any false details as part of an appeal to be an act of cheating (in seeking to gain unfair consideration or an unfair advantage).

 

6. Fees

A fee is required for every appeal. This fee will be the same as the current examination fee for the MFPH examinations.

The appeal cheque will be refunded if the examination result is altered.

The address for all correspondence is:

Chief Executive
Faculty of Public Health
4, St Andrew's Place
London NW1 4LB