Enquiries and Appeals Policy
Purpose
TLM are committed to providing an efficient and high standard of service to all. We are continually working to achieve this high level of service by maintaining quality assurance standards which are compliant with and indeed surpass, regulatory requirements. It is our aim to ensure that all assessment outcomes are fair, consistent, and reliable - based on the valid judgements of the assessor using the assessment strategy for the qualification in question. However, occasions may arise where the training provider or learner may wish to question a decision. This policy sets out our approach if that happens.
Policy
TLM will ensure that:
• assessments are carried out by assessors who have the appropriate qualifications, knowledge, understanding, and skills, and the assessments are valid for the subject or qualification in question,
• assessment evidence is authentic and has solely been produced by the learner in question,
• assessments decisions from all assessors over time is consistent, and
• appeals are heard by individuals who have the appropriate competence to make decisions in each individual case and who have had no prior involvement, or personal interest in the case.
Everyone has the right to appeal if they believe that their assessment decision, or a decision following a malpractice or maladministration investigation is incorrect. This policy describes the stages and procedures you would need to follow if you appeal. It includes:
• the processes you need to follow to submit an enquiry or appeal,
• the timescales for an enquiry or appeal, and
• details of how and when you will be notified of the outcome.
TLM will accept an appeal in relation to the following:
• appeals against results of assessment or quality assurance,
• appeals against a decision made relating to a reasonable adjustment or special considerations application,
• appeals against decisions relating to any action taken against a learner or centre following an investigation into malpractice or maladministration, or
• appeals against centre or qualification approval decisions.
This Enquiries and Appeals Policy is available on our website so all learners and training providers can readily access this information, or they can request a copy by contacting us. We are committed to providing equal opportunities for all, wherever possible in our operations. Therefore, if a learner or training provider wishes to enquire or appeal against an assessment decision, they have clear guidance here on how to proceed.
Process
Stage 1: Enquiries Regarding Assessment Decisions
If a learner wishes to question an assessment result, they should initially discuss their concerns with the approved centre’s tutor/assessor and follow the centre’s appeal process. If the learner is not satisfied with the outcome the tutor/assessor and learner should complete Stage 1 of the Enquiries and Appeals Form which is available to complete via the TLM website https://tlm.org.uk/policy-download-centre/ . This must be submitted to TLM within 28 days of the final results being issued to the learners.
TLM will acknowledge receipt of the enquiry within 7 working days, this will be followed promptly by the adjudication process. TLM will appoint the relevant manager to act as an adjudicator who has not had any involvement with the case. The adjudicator will consider the written submission from the course tutor/assessor and learner and will review the procedures that were followed to reach the result decision, this may include contacting other parties who were included within the course.
The adjudicator may instruct that a further re-mark or re-assessment should take place if they consider that the assessment procedures were not adequately followed.
The tutor/assessor and learner will be notified of the adjudication outcome as soon as it is available, within a maximum of 28 days.
If the tutor/assessor and learner are not satisfied with the enquiry outcome of Stage 1, they may escalate the decision to Stage 2 of this process. Please complete Stage 2 of the Enquiries and Appeal Form via the website https://tlm.org.uk/policy-download-centre/.
Stage 2: Appeal
A Stage 2 appeal must be submitted within 14 days of the Stage 1 enquiry decision being received, accompanied with an administration fee of £50. TLM will acknowledge receipt of this appeal within 7 working days. The appellant will be contacted within 14 days to outline the procedures that will be adopted.
TLM will plan for the TLM appeals committee to promptly hear the appeal at our head office. You may attend and have one representative present at the appeal hearing.
The appeals committee consisting of senior managers or other individuals deemed to be appropriately competent, who have no personal interest in the decision being appealed and an independent person who is not an employee, assessor or otherwise connected to TLM will evaluate the procedures used for consistency with TLM procedures to review if the previous decision was reached fairly.
The appeals committee are unable to re-mark or re-assess work but may instruct that a further re-mark or re-assessment should take place if they consider that the procedures were not adequately followed.
The appeals committee will make the final decision and notify the appellant of the outcome by letter as soon as it is available, within a maximum of 28 days. If the appeal is upheld the appeal administration fees will be reimbursed to the learner.
If the outcome of an appeal at any stage leads to TLM discovering a failure in the assessment process an investigation shall be conducted to determine if there are any other learners affected, and if there are any adverse effects arising from the failure. If this is the case, TLM shall promptly implement the adverse effects procedure and take decisive action to correct the failure, or if this is not possible to reduce the impact of the failure on any learners.
Referral to Regulatory Authority
If the learner is not satisfied with the appeal committee’s decision, they may refer their complaint to the appropriate Regulatory Authority i.e. Ofqual (England), SQA Accreditation (Scotland) or Qualifications Wales (Wales). Please note that the regulators are unable to overturn an assessment decision. Please see below for the relevant contact details.
Monitoring and Review
Following an appeal decision that is upheld due to a failure in TLM assessment process, or notification of failure in the assessment processes of other awarding organisations, policies and procedures shall be reviewed to ensure that the failure does not reoccur. This policy and its procedures will be reviewed annually as part of our quality assurance requirements to ensure it is fit for purpose, reflects the type of appeals that we may receive and ensure the process is managed in accordance with regulatory requirements.
Contact Details
Ofqual (England)
Complaints
Ofqual
Earlsdon Park
53-55 Butts Road
Coventry
CV1 3BH
Tel: 0300 303 3344 (the phone line is open on weekdays from 09:00 to 17:00)
Website: ofqual.gov.uk
Email: complaints@ofqual.gov.uk
Qualifications Wales (Wales)
Qualifications Wales
Q2 Building, Pencarn Lane
Imperial Park
Coedkernew
Newport
NP10 8AR
Tel: 01633 373 222
Website: qualificationswales.org
Email: enquiries@qualificationswales.org (if you wish to make a complaint, please title your email ‘Complaint’)
