Unsuccessful Review can we appeal

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Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Unsuccessful Review can we appeal

Post by Etienne »

Having looked through the notes I think I'm going to need some more information.
Could you send me a copy of the decision letter, and (if possible) a copy of the presentation you gave at the hearing?

Thanks
Etienne
Genie05
Posts: 24
Joined: Fri Mar 01, 2019 10:46 pm

Re: Unsuccessful Review can we appeal

Post by Genie05 »

I had a feeling that may be the case and contemplated sending it previously. Both now sent to the appeals box.

Many thanks
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Unsuccessful Review can we appeal

Post by Etienne »

My view would be that your decision letter does not comply with the Code:
    • 2.25 The panel must ensure that the decision is easily comprehensible so that the parties can understand the basis on which the decision was made. The decision letter must contain a summary of relevant factors that were raised by the parties and considered by the panel. It must also give clear reasons for the panel’s decision, including how, and why, any issues of fact or law were decided by the panel during the hearing.
The decision letter does not contain a summary of "the relevant factors that were raised by the parties and considered by the panel" with regard to FCO.
It is a matter of serious concern in a situation where FCO was the sole reason for refusing your appeal.

Moreover, this is not just a technicality (i.e. an inadequately worded decision letter). Often the clerk's notes will reveal that there was in fact some substance underlying the decision - but in this instance the notes provide no clue at all as to "the basis on which the decision was made". The panel do not even refer to the FCO arguments you put forward. There is no evidence that they were properly considered.

I think there are reasonable grounds for a complaint.
Etienne
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