Guidance on making an appeal - registration and licence to practise applications
You should read this information if you have made an application for registration with a licence to practise and you have received a decision from us and want to appeal against it.
You should read this information if you have made an application for registration with a licence to practise and you have received a decision from us and want to appeal against it.
Appeals are handled by the GMC Appeals team. The Appeals team is independent of the registration process and aims to provide an impartial and fair service.
If you have made an application for entry onto the Specialist Register or GP Register through a CCT, CESR, or CEGPR, please see our Certification appeals guidance.
In this section you can find information about:
Decisions you can appeal against
You can appeal against:
- our decision to refuse your application for provisional or full registration with a licence to practise
- our failure to make a decision within the required period for an application under one of the above
- our decision to refuse your application to disapply the requirement that you only practise medicine in an approved practice setting
- our decision to erase your name from the Register on the ground of fraud or error, or for failure to provide information in respect of fitness to practise matters.
How long you have from our decision to make an appeal
The GMC Appeals team must receive your written notice of appeal in time. You can send this by email or by post, but we cannot accept appeals by telephone.
Registration decisions
If you want to appeal against any of the registration decisions listed above delivered to you within the required period, you have 28 days starting on the date of deemed delivery (delivery in the ordinary course of post) of the Registrar’s (or nominated deputy’s) letter notifying you that your application has been refused (the refusal notice).
Failure to make a decision in the required period
If you want to appeal the Registrar’s failure to give you a decision on your application within the required time period, the 28 day period for you to notify us of your appeal starts the day after expiry of the required period (see below).
For most applications the required time period for a decision is three months from the date the Registrar received your completed application, or three months from when the Registrar received all documents required by the GMC. But for applications under sections 14A1 or 19A2 of the Medical Act, it is four months.
You cannot appeal the failure to give a decision before the end of the required period for that decision or after the 28 day period for in which notice of appeal can be given.
If you have not appealed within 28 days after the end of the required time period you must wait for the decision on your application and appeal within 28 days from deemed delivery (if that decision is a refusal).
Extensions
There are very limited circumstances in which a late appeal can be considered. For the request to be considered you will need to satisfy the Registrar that you did not receive the refusal decision within 14 days of the date on the refusal notice. If you think this may apply you should contact the Appeals team. The Appeals team will ask you to explain the circumstances in writing enclosing any evidence or proof you can produce. Even if you are able to show that you did not get the notice within 14 days the Registrar does not have to agree to your request.
How to make an appeal
The Appeals team must receive your notice of appeal within 28 days from the date of deemed delivery of our refusal notice (delivery in the ordinary course of post). We do not accept postal delay as a reason for a notice of appeal not being received in time.
We recommend you use form AP2 (pdf) to give notice of your appeal.
If you do not use the form you must include:
- Your name and GMC reference number.
- An address to which the Appeals team is able to send you notices and documents relating to the appeal. Please also supply an email address and contact phone number(s).
- A statement confirming whether you want a written or an oral appeal (if one or other is preferred).
- Written appeals are considered at a meeting in the absence of the parties.
- Oral appeals are decided after a hearing and you have the right to attend and be represented.
The Appeals team must also receive the following from you within 84 days from deemed delivery of the refusal notice (or 84 days from expiry of the required period where you believe we have failed to make a decision in the required time):
- 1. A copy of the refusal notice (or a copy of the application where you believe we have failed to make a decision in the required time)
- 2. Copies of the documents on which you intend to rely in support of your appeal.
- 3. Any written submissions in support of your appeal.
- 4. Details of the witnesses (including yourself) on whom you intend to rely, and signed witness statements setting out the substance of their evidence, if you have chosen an oral appeal.
You must comply with the time limit for all of the above documents. If you have requested an oral appeal but do not send any signed witness statements, we will assume you do not intend to give any evidence at the hearing (this will not stop you or your advocate making legal submissions).
If you introduce material at a hearing which the Registrar/Registration department has not had a previous opportunity to consider the GMC as respondent may object to its introduction, seek an adjournment, or ask the Panel to remit the case to the Registrar to dispose of in accordance with the Panel’s directions.
Items 1 to 4 above are together called the appellant’s paginated bundle. Each page of the bundle must be numbered starting with A1 and continuing as necessary.
If you intend to instruct solicitors and/or counsel, you are advised to do so as early as possible. You must authorise the Appeals team to deal with a representative acting for you by providing a signed authority AP3 (pdf) which can be posted or emailed (you must email a scanned copy with a signature from the email address we hold on our records for you). If you appoint a solicitor we will accept a signed confirmation from the solicitor on his professional notepaper that the firm has been instructed by you.
Where to send your notice of appeal form and other documents
Please send your appeal by email to appeals@gmc-uk.org or by post to the General Medical Council, Registration and Certification Appeals Team, 3 Hardman Street, Manchester M3 3AW.
What happens after you have submitted your notice of appeal
Following receipt of the appellant’s paginated bundle, as soon as reasonably practicable, the GMC (Registration) will serve you with a paginated bundle.
We will give at least 28 days notice of the date of the appeal meeting or hearing with the names of those sitting on the appeal.
You can withdraw your appeal at any time by writing to the Appeals team.
A Case Manager or a legally qualified Panel Chair can give directions under the Rules and have power to dismiss the appeal, or warn that the appeal may be dismissed, for failure to comply with steps specified in the Rules.
The Appeal Panel
The Panel is normally made up of a legally qualified chairman and two other panellists, at least one of whom is medically qualified and has a current GMC licence to practise. The third panellist may be medical or non-medical. For oral hearings there is a specified order for the hearing. Information about this can be supplied on request and will be sent to you with the notice of the date of the meeting or hearing.
The Panel has power to make awards of costs to either party, but these are generally restricted to exceptional circumstances. An award of costs does not follow success in the appeal. Further information will be supplied on request.
Rules and legislation relating to registration appeals
1 Section 14A is full registration of EEA nationals etc without certain acquired rights certificates
2 Section 19A is full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom