Activfirst Ltd is committed to ensuring that all assessment decisions are fair, consistent, valid and reliable.
This Appeals Procedure sets out the process learners must follow if they wish to challenge an assessment decision.
This procedure applies to regulated qualifications, apprenticeship standards and commercial and non-regulated training provision.
This policy is designed in accordance with awarding organisation requirements, regulatory expectations, funding body requirements and current UK equality legislation.

Grounds for Appeal
Learners have the right to appeal against an assessment decision if they believe:

  •  The assessment was not conducted in line with the required standards
  • The assessment decision is inconsistent with the stated performance criteria
  • They were not given sufficient opportunity to demonstrate competence
  • There has been maladministration in the assessment process
  • Reasonable adjustments or special consideration were not appropriately applied
  • They experienced discrimination, bias or unfair treatment

Appeals must relate specifically to assessment decisions and not general complaints (see Complaints Policy for non-assessment concerns).

Informal Resolution
Learner should first raise concern with their Assessor within 5 working days of receiving the assessment decision. The Assessor will then provide a clear explanation of the assessment decision, review the evidence with the learner and record the discussion and outcome. Where appropriate, misunderstandings may be resolves at this stage.
A written record of the discussion will be retained in line with the organisation’s Data Protection Policy.

Formal Appeal
If the learner remains dissatisfied, a formal appeal must be submitted within 10 working days of the original assessment decision.
Appeals must be submitted in writing and sent to:
Co-Head of Education & Training
75 St John’s Street, Bridlington, East Yorkshire, YO16 7NW
The written appeal must include:

  • Learner name and programme
  • Details of the assessment decision being appealed
  • Grounds for appeal
  • Any supporting evidence

Appeals submitted outside of the stated timeframe may be considered at the discretion of ActivFirst Ltd where exceptional circumstances apply.

Acknowledgement
The learner will receive written acknowledgement of the appeal within 7 working days of the receipt.
Investigation Process
The appeal will be reviewed by a suitably qualified and occupationally competent individual who has had no prior involvement in the original assessment decision.
The investigation may include:

  • Review of assessment evidence
  • Review of assessment records
  • Discussion with the Assessor
  • Discussion with the learner
  • Review of Internal Quality Assurance records

Where necessary, an Independent Reviewer may be appointed.

Outcome
The learner will receive a written outcome within 20 working days of the receipt of the appeal.
Where the appeal is complex and requires additional investigation, the learner will be informed in writing of the reason for the delay and the revised timescale.
Possible outcomes include:

  • Assessment decision upheld
  • Assessment decision overturned
  • Re-assessment arranged
  • Evidence re-evaluated
  • Request for additional evidence
  • Reasonable adjustments or special consideration applied (where appropriate)
  • Identification of procedural improvements

The decision following internal appeal is final within Activfirst Ltd.

Escalation to Awarding Organisation
If the learner remains dissatisfied following the internal appeals process, they have the right to escalate the matter to the relevant awarding organisation in accordance with its published Appeals Policy.  Contact details for the awarding organisation will be provided upon request.

For apprenticeship provision, learners may escalate concerns to the relevant funding body or external regulator, where applicable.

Equality and Accessibility
Activfirst Ltd is committed to ensuring that the appeals process is fair, transparent and accessible.
Reasonable adjustments will be made to ensure that learners with additional needs are able to access the appeals process fully.
No learner will be disadvantaged for raising an appeal in good faith.
Confidentiality and Data Protection
All appeals will be handled confidentially and in accordance with:

  • UK General Data Protection Regulation (UK GDPR)
  • Data Protection Act 2018

Appeal records will be stored securely and retained in line with awarding body organisation and funding body requirements (minimum 3 years unless otherwise specified).

Monitoring and Review
Appeals will be monitored as part of the organisation’s quality assurance processes to identify trends, training needs and areas for improvement.
This policy will be reviewed annually or sooner if regulatory or awarding organisation requirements change.