Appeals Process
NCIP Full Appeals Process
To download the flowchart, please click Here
1. Initiation of Appeal
- Members have the right to appeal decisions related to professional conduct, sanctions, or membership status.
- The complainant has no further recourse to challenge the case they filed against an NCIP member or the NCIP organisation if they participated in and/or testified during the original complaints hearing. Nevertheless, the individual filing the complaint can request a review by the NCIP appeals committee by providing proof of procedural flaws throughout the investigation process that could significantly influence the outcome of the original complaint. The complainant must lodge their review appeal within thirty working days of receipt of the complaint panel’s written decision.
- Appeals must be submitted in writing using the appeals form to the NCIP's Appeals Committee within thirty working days of the decision via email – appeals@the-ncip.com
- The appeal should clearly state the grounds for appeal, referencing specific aspects of the NCIP's regulations or procedures believed to have been applied incorrectly and/or submit any additional supporting information which was not available at the time of the original decision which will have a substantial bearing on the outcome for the case.
- Once the appeal has been submitted, the appeals committee will acknowledge receipt of your appeal by email within five working days.
- The NCIP will appoint an advocate for appellants as part of our ongoing commitment to providing comprehensive support for individuals facing challenges/complaints.
2. Appointment of Independent Evaluator (IE)
- An Independent Evaluator (IE) will be assigned to each appeal. To ensure their impartiality, the IE will not be involved in your original case decision. Their role is to look at your case and ensure that the NCIP's procedures were correctly followed in the original decision and to look at any additional information or evidence provided that was not available to the panel when the original decision was made.
- The IE will review the case within twenty working days of receipt of the appeal and communicate the outcome of their review within this timescale, and the outcome will be communicated to both the appellant and the complainant.
3. Review of the Appeal
- The IE will review all relevant documents and decisions made by the original panel.
- At this stage, the introduction of any new evidence is only permissible under three conditions:
- The appellant can demonstrate that there was a valid reason for withholding this information before or during the initial investigation,
- The appellant can demonstrate that the additional evidence is historical and directly related to the case.
- If the appellant provides evidence that the matter is/was investigated through the judicial system and has become a criminal matter and as such, remaining a member will cause reputational damage to the NCIP and the counselling profession.
About points 2 and 3 above: the matter must be dealt with as a separate complaint following the NCIP Complaints Procedure the IE or appeals committee will reject the appeal at this stage and the appellant will be notified in writing within thirty working days of receipt of the appeal.
The appellant will be advised of their right to make a new complaint, following the NCIP’s Complaints Procedure.
4. Decision by the Independent Evaluator (IE)
- The IE will determine if the appeal is eligible based on a review of the appeal information, original documentation, and any additional information submitted by the member or the complainant at the review stage.
- The IE may need to contact the appellant and/or complainant to gather any further information they require to evaluate and understand the reasons for the appeal.
- The IE will review the original outcome of the panel’s decision to determine:
- how and why the original panel reached its decision.
- what the key factors were that influenced the panel’s decision.
- reference to the relevant NCIP regulations and criteria to ensure that the panel applied these correctly at the time of the panel reaching their decision.
- The IE can either uphold the original panel’s decision, recommend a review, or refer the case to an Appeals Panel.
- If the IE determines that the appeal is not eligible, the appellant and the complainant will be provided with a written report within thirty working days of the appeal outlining the reasons for their decision. The matter will be closed with no further recourse to appeal the decision.
5. Appeals Panel
- If the IE concludes that the case needs to be referred, an Appeals Panel will be convened. The panel will consist of two experienced professionals and one lay member. No member will have had involvement in the original decision. The panel will meet in person or online, depending on the circumstances.
- The panel will consist of a Chair who will be a qualified accredited member of the NCIP. The remaining panel members will be suitably qualified members of NCIP and a lay member.
- The Appeals Panel will review the case afresh, considering the IE's written report and the original documentation.
6. Hearing Procedure
- It may be necessary for an oral hearing to be convened where the member will have an opportunity to present their case.
- The Appeals Panel may invite further submissions or clarifications as necessary.
- If the appellant is required to be present at the appeals hearing, they will be asked to leave the meeting while the panel deliberates and make their final decision.
7. Final Decision/No Further Appeal
- The Appeals Panel will make the final decision. The outcome will either confirm, amend, or overturn the original decision.
- The outcome and decision of the Appeals Panel will be communicated to the appellant and complainant via email within ten working days of the date of the appeals hearing.
- The decision of the Appeals Panel is final, and the appellant and complainant have no further recourse to appeal the decision.
8. External Review
- If a member is unsatisfied with the outcome of the Appeals Panel’s decision, they will be advised of their right to seek an external review, subject to the conditions and procedures of relevant oversight bodies.
To read more on how decisions in appeals are made, please click Here for the Appeals Committee Protocol.
9. Publication of Decision
- If the Appeals Panel upholds the original Complaints Committee panel decision, the outcome of the Appeals Panel decision may be published on the NCIP website if the NCIP believes that the decision is in the interest of public safety.
- If the Appeals Panel overturns the decision of the original panel decision, the outcome will not appear on the NCIP website as no allegations remain.
- If the outcome of the original panel decision was to impose sanctions, the member will not be required to complete the sanctions and the case will be closed.
10. Timeliness and Communication
- NCIP ensures that all appeals are processed on time, with clear communication to the appellant and complainant at each stage of the appeals process.
- There may be occasions where timescales outlined in the Appeals Process cannot be adhered to, for example, due to the complexity of the case or where the appellant is not available due to sickness/annual leave, etc., or where additional evidence required by the IE, or the Appeals Panel cannot be provided within timescales and additional time is granted by the IE or Appeals Panel.
- If timescales cannot be met, the appellant and complaint will be advised accordingly.
11. Re-application for Membership with the NCIP
When an appeal with the NCIP is unsuccessful, there is specific guidance for appellants who wish to reapply for membership. The decision will be influenced by the outcome of their appeal and the nature of and compliance with any sanctions they received.
Re-application process:
At the time of re-application, applicants must inform the NCIP of any formal NCIP process that they were involved in during their membership.
- General Re-application Policy: Appellants are eligible to reapply for membership twelve months from the date of the Appeal Panel's final decision letter. All re-applications related to previous suspended/expulsion memberships, from the NCIP or any other professional/accrediting register, should follow the procedure described here.
- Specific Scenarios Based on Appeal Outcomes: These guidelines ensure clarity in the process for those looking to reapply for membership with the NCIP, considering various outcomes and sanctions. Procedure described here.
- Membership throughout the complaints and appeals process: Members will retain their membership of the NCIP throughout the complaints and appeals process therefore they do not need to re-apply.
- Non-Compliance with Sanctions: Members of NCIP whose appeal is not upheld by the Appeals Panel and does not comply with the sanctions outlined by the complaints panel will have their membership suspended for twelve months. Members are eligible to request that their membership be reinstated before the twelve months if they comply with all sanctions.
- Compliance with Sanctions: Appellants who adhere to and satisfactorily complete all sanctions within NCIP timescales will retain their membership and therefore do not need to re-apply for membership.
- Successful Appeal: Members whose appeal has been upheld and are not required to complete sanctions will retain their current membership without the need to re-apply.
- Sanction-Specific Re-application Policies:
- Suspension of Membership: Suspension of membership is normally for 12 months from the date of any non-compliance. After this time, individuals can re-apply for the suspension to be lifted.
- Withdrawal of Membership by NCIP: Individuals who have had their membership withdrawn are eligible to re-apply for membership after three years.
