This section covers appeals against the decision of the Registrar
If the Registrar decides not to add the name of someone who has applied for registration to the register, that individual has the right to appeal the Registrar’s decision.
An appeal can relate to an application for:
The procedure to appeal a decision of the Registrar can be found in both:
The person appealing (who may be referred to as ‘the appellant’) will attend a meeting. The Registration Appeals Committee, made up of members of the Council, will hear the appeal.
The General Chiropractic Council (Appeals Against Decisions of the Registrar) Rules 2000 tell us how the appeal must be conducted. We have included the section of the rules for each step to be taken should you wish to refer to it.
The Registrar will write to let you know that he has refused your application or that he has decided to remove your name from the Register for non-compliance with Continuing Professional Development, and will give the reason for his refusal or removal decision.
If this happens you will have 28 days to appeal the Registrar's decision, starting from the date of the Registrar's letter or refusal to grant registration or the Registrar's notice of decision to remove your name from the Register.
The timeframe is given in The Act, so this means you cannot exceed the 28 days, even by one day.
We will confirm to you we have received the notice.
The Clerk will then contact committee members to arrange a date for the hearing. The clerk will also prepare papers, including evidence to back up the Registrar’s decision on his behalf. We will keep you informed of any developments.
This appears at Rule 4(1) of the Appeal Rules.
a notice giving the date, time and place of the hearing
a copy of the papers from the Registrar for the hearing panel to consider
any other documents relevant to the hearing.
The hearing notice will allow you 14 days to send the GCC documents to support your appeal. The 14 days starts from the date stated on the hearing notice. You will need to send the GCC:
your grounds for appealing the Registrar's decision
any supporting evidence you wish to include
an indication as to whether you will be legally represented
an indication as to whether you wish the hearing to be held in private.
We do not accept further submissions or evidence, apart from skeleton arguments, after the 14 day period, unless an extension of time has been agreed by the Committee Chair. This does not stop you or your solicitor from seeking admission of such evidence on the day of the hearing.
This appears at Rule 4(2)(b) of the Appeal Rules.
The Clerk sends you, the Committee and any other relevant parties the final bundle of papers for the hearing, normally this is at least 7 days before the hearing.
This appears at Rule 4(3) of the Appeal Rules.
The Committee will hear both from the Registrar and you as well as consider all of the submitted evidence.
Order of Proceedings
Although in most appeal proceedings it would be usual for you or your legal representative to start the proceedings, the practice before the Appeal Hearing has been for the Registrar’s Solicitor to open so he can outline the background to the case. However, this practice is subject to the agreement of both parties. You or your legal representative will be asked to agree the order of proceedings with the Registrar’s Solicitor before the hearing starts.
You may choose to be legally represented at the hearing if you wish. If you do, you should give these notes to your legal representative as soon as possible.
The Registrar is always legally represented at appeal hearings.
A legal assessor will attend the hearing and will be able to give legal advice to the panel. If the legal assessor does give advice this will be done when all parties are present.
Under Rule 7(1) of the Appeal Rules the panel may hear witnesses:
on the application of the appellant
on the application of the Registrar
of its own motion.
Please note that the Committee does not have the power to make witnesses attend hearings. Therefore, if you wish witnesses to appear it is for you to ensure they attend.
When the Committee gives their decision at the end of the hearing, they will also give the reasons for that decision. You and their legal representatives should note that these reasons may refer to any evidence presented or matters raised during the hearing.
This appears at Rule 5(3) of the Appeal Rules.
The clerk will write to you to formally confirm the decision of the appeal panel.
If the decision of the panel is to overturn (disagree with) the Registrar's decision you will also be contacted by the Registrations department to let you how to continue with your application.
If the decision of the panel upholds (agrees with) the Registrar's decision, you have the option of appealing to the appropriate court. An appeal must be lodged at the court within 28 days of the date on the formal notice of decision.
The formal Notice of the Decision of the Appeal Hearing, including the decision and the reasons for it, will be published even if the hearing was held in private, in accordance with our Disclosure Policy. This will include posting the notice on our website where it will be publicly available.
This appears at Section 29(4) of the Act.
Requests for extensions of time must be made in writing, together with reasons, to the Clerk to the Appeal Committee. The Chair of the Committee asks the other party for their views before reaching any decision if that has not already been done by the party asking for an extension. The Clerk will inform both parties of the Chair’s decision.
Hearings are scheduled largely based on the availability of the panel. Although no specific right exists for either party to ask for a postponement of a hearing, the Chair of the Committee will consider any requests where there are exceptional circumstances.
The Chair will need good grounds to support a request for postponement, such as you or a witness being certificated unfit to attend through illness or having been summonsed to appear before another panel or court. Work or leisure commitments are not normally considered sufficient reason to grant a postponement.
If either you, witnesses or preferred Counsel (except where there is insufficient time to instruct other Counsel) are not available, this will not normally be accepted as grounds for postponement.
The Committee encourages all parties to discuss with the other side options that may be open to them (for example, the admission of agreed statements) before asking for a postponement to a hearing. Requests for postponements must be made in writing to the Chair of the Appeal’s Committee, with the grounds for the request. The Chair will always ask the other party for their views before reaching a decision, if that has not already been done by the party asking for the postponement. The Clerk will inform both parties of the Chair’s decision.
Should a request for a postponement be refused, the party concerned may make a further application for an adjournment on the day of the hearing.
The proceedings of the appeal hearing are recorded and a transcript will be produced. You are entitled to have a copy of that transcript or a copy can be sent to your legal representative if you ask us for a copy. Please be aware that transcripts of appeal hearings are available to the public except if you have asked for the hearing to be held in private.
You have the right to ask that the hearing is held in private. If you do so then only the following people will be able to attend the hearing:
you and legal representative
the Legal Assessor
Appeal hearings are normally held in public and any evidence offered by either party or any matters raised during the hearing will be a matter of public record whether or not the hearing was held in private.
If the hearing is held in private, anyone who comes to the hearing with you, who isn’t a witness, will be asked to leave.
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