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What is this week's blog about?
In this week’s blog, Brian Robinson MRICS, consultant at Property Elite and experienced RICS APC Chair and Assessor, discusses his advice on RICS APC appeals.
So, you have had the dreaded notification that you have been unsuccessful and have been referred…
My first piece of advice is to allocate some time to feel and process the event - wallowing and shouting particularly come to mind! These are powerful emotions which need to be expressed in order for you to move on constructively. If you do not allow yourself to express your emotions, then this can result in stress-related health problems.
Speaking as a Chair and Assessor, the referral report is a horrible document to write, let alone for you to read. Try not to take it personally; it is about competence as defined by RICS and not about how good you are at your job or how worthwhile you are as a person. The main aim for you at this point is not to obsess over every detail, but to work on understanding the content and holistic message.
Can I appeal?
Having read the report, you might still feel that the panel did not fully understand your answers or give you time to develop your answer. My advice at this point is to discuss the report with your counsellor and supervisor and if they agree that you have grounds for an appeal, you have a period of 21 consecutive days in which to do so. This is taken from the date you received your referral report. Appeals cannot be accepted by RICS if received after this period.
You cannot appeal simply because you disagree with the assessors’ decision about your competence.
You can only appeal on the way that the panel was conducted, this includes the referral report - but more about that later.
On what grounds can I appeal?
Here are some examples.
The interview did not last 60 minutes - remember the 60 minutes runs from when you start your presentation not when you are admitted or during the chair’s introduction.
The interview overran 60 minutes – if you have declared a disability then the panel can exceed the 60 minutes, through a reasonable adjustment. You will however be advised of this at the start of the interview. However, any loss of WIFI should lead to the panel “stopping the clock”, which will restart when the signal is reestablished. So, the time may exceed 60 minutes but the time for the interview will not.
The panel questioned you on a competency not in your submission - this your panel cannot do, as all questions have to be based on your submission.
The panel questions you far outside your experience or area of work.
The referral report is poor and gives you no guidance or reference to any specific question - candidates sometimes do not realise that the referral report is part of the process and a poor one can be grounds for appeal. The referral report does not have to show the competencies for which the panel considered you demonstrated the right level of competence. For those competencies for which the panel consider you did not demonstrate the correct level of competence, they should list the questions concerned and explain why, in their opinion, you did not demonstrate the right level of competence. Just to say ‘you failed to show level 3 competence’ is not acceptable as it provides you with no guidance on how to do better next time.
How does the appeal process work?
So, let us look at the appeal process. Appeals are considered by an RICS appeal panel of chartered surveyors who have no connection with you or your employer, and no previous knowledge of your final assessment interview.
The first thing to understand is that the appeal panel will not question the merits of the assessors’ decision. The appeal panel’s job is to look at the way the final assessment was conducted, and will allow the appeal only if, on the balance of probabilities, there was a fault in the process. It does not reach any conclusion about the candidate’s competence to practice; it considers only administrative or procedural matters
The appeal panel will receive copies of your appeal, original referral report and the APC panel’s reply to your appeal. That is all they have to base their decision upon and to draw a conclusion on whether the appeal is valid.
The appeal panel has no powers to admit a candidate to RICS membership. So, if an appeal is approved, the original final assessment interview is disregarded and you will be given a fresh interview.
The process takes approximately 7 weeks following receipt of your appeal.
How can we help?
Contact us if you feel you have grounds for an appeal or wish to discuss your referral. We offer impartial advice as to whether an appeal is likely to be valid and can support you through the process of appealing or re-submitting for your RICS APC final assessment interview. You through the process.
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Stay tuned for our next blog post to help build a better you.
N.b. Nothing in this article constitutes legal, professional or financial advice.