The Foundation Programme Reference Guide - Academy of Medical ...

10. Progressing as a foundation doctor and completing the Foundation Programme10.60 If the panel has recommended that the foundation doctor should be withdrawn fromthe Foundation Programme, the postgraduate dean should assume that a formalappeals hearing will follow and take the necessary steps to arrange it. An appealhearing in these circumstances should proceed unless the foundation doctor formallywithdraws, in writing, from the programme at this stage. The dean should alwaysconfirm the position in writing with the foundation doctor where the doctor declinesan appeal hearing.10.61 The dean or a nominated representative will convene an appeal panel to consider theevidence and to form a judgment. It should consider representations and evidencefrom both the foundation doctor and from those who are closely involved withtheir training, such as the educational supervisor or FTPD/T. There should be no crossexamination of parties. The appeal panel should include the dean or a nominatedrepresentative as chair, an independent FSD or FTPD/T from another foundation school,two consultants or GPs from the same foundation school and a doctor in training.The membership of the panel should not include members of the original performancereview panel. A representative from the personnel directorate of the employer orthe deanery must be present to advise the chair, for example, on equal opportunitiesmatters and to record the proceedings of the appeal. All members of the panel shouldhave completed equality and diversity awareness training.10.62 Foundation doctors also have a right to be represented at the appeal and to submitwritten evidence beforehand. They may choose to be represented, for example, bya friend, colleague or a representative of their professional body but this should notnormally be a legal representative or family member. If a foundation doctor howeverwishes to be represented by a lawyer, the appeal panel chair should normally agree totheir request. Legal representatives should be reminded that appeal hearings are notcourts of law and the panel governs its own procedure, including the questioning ofothers to be allowed by the legal representatives.10.63 In advance of the hearing, the foundation doctor and the panel members shouldreceive all documentation relevant to the appeal. The appeals panel may conductenquiries as appropriate. The appeal panel should make its decision on the basis of theevidence. The appeal panel has the power to overturn or modify the decision made bythe FSD. If they exercise this power, the FSD will abide by their decision. The decision ofthe appeal panel is final.10.64 The dean should notify the foundation doctor in writing of the outcome within5 working days from the date of the appeal hearing.10.65 The foundation doctor may withdraw an appeal at any stage of the procedure. If thefoundation doctor wishes to withdraw their appeal, they must write to the dean.The UK Foundation Programme: Reference Guide 57