Ombudsman Service Procedure
Appeals

The Ombudsman Service has the power to make decisions that are binding on the coaching and mentoring industry which includes, but is not exclusive to: Coaches, Mentors, Formal Education Bodies, Private Commercial Training Organisations, Professional Bodies, Support Groups, and Commercial Organisations in their jurisdiction unless the grievance is successfully challenged through the courts.

Appeals will only be considered if new evidence of a significant nature is presented and the Head of Appeals considers that if the new evidence had been available at the time of the hearing, it would have altered the resolution, or outcome, or sanctions applied.

Appeals, where the Sanction is deemed unfairly harsh in relation to the event, will also be considered by the Head of Appeals.

Appeals must be made in writing within 30 calendar days of notification of the original decision.  The appeal is required to clearly outline the grounds on which the appeal is being made.  All appeals must be made in the first instance using the relevant Appeals form.

A Head of Appeals and Appeals Panel will be appointed by the Head of Ombudsman Service, who will be a member of the IRCM CIC’s Board of Directors.  The Appeals Panel must always be comprised of an odd number and including the Head of Appeals, must be a minimum of three members who were not involved in any way whatsoever with the original hearing.

click here to complete the Appeal lodged by the Complainant

click here to complete the Appeal lodged by the Respondent

click here to complete the Appeal lodged by the Third Party

  1. The Complainant or the Respondent or Third Party must fully complete the relevant Appeals form.
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  2. On completion of the Appeals Form, you will receive an automated acknowledgement email.
    All emails sent by the IRCM CIC are sent from the @IRCMCIC.org domain. To ensure that you receive your acknowledgement email and all others, please can you white-list the @IRCMCIC.org domain name. If you do not receive your email, please check your local spam folder or even the spam folder of your email host.
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  3. On receipt of the Appeals Form, the Head of Ombudsman Service will appoint a Head of Appeals from the IRCM CIC Board, who will be appointed for this appeal.
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  4. The Head of Appeals will review the full details of the Appeals Form and any additional information submitted by email.
    1. Where the form and additional information submitted by email is not complete or further information is required, the Head of Appeals will email the Complainant or Respondent or Third Party responsible for submitting the form and request the additional detail.
      No further action will be taken on this appeal until the requested additional detail is received to the satisfaction of the Head of Appeals.
    2. Where Complainant or Respondent or Third Party has responded within the set period of time or point 4a has been completed within the extended period of time, the Head of Ombudsman Service will proceed to point 5.
    3. Where the Appeals Form is complete or the Complainant or Respondent or Third Party responsible for submitting the form does not respond within the extended period of time, the Head of Appeals will proceed to point 5 noting the lack of co-operation in the on the Ombudsman Service Register.
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  5. The Head of Appeals will:
    1. schedule this grievance in the Facilitation and Complaints Schedule.
    2. add the details to the Ombudsman Service Register.
    3. and collate all relevant information into the Outline of Appeals Information report.
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  6. The Head of Appeals will forward the Appeals Form with the Outline of Appeals Information report to Complainant, the Respondent, and where required to the Third Party, with the link to the Ombudsman Service Appeals Policy and Procedure.
    1. The Head of Appeals will request that the Complainant, the Respondent, and where required the Third Party will:
      1. Review the details of the Appeal.
      2. Taking into consideration the detail in the appeal, revisit the Resolution or Outcome.
      3. Consider any further action that they could take now that may resolve this Appeal and include the details in their response or confirm that there is no further information or detail to submit.
      4. Both Complainant and Respondent will be requested to respond to all points within a set period of time.
        This period of time will be determined by the position this Appeal is within the current Facilitation and Complaints Schedule but will be no longer than 20 working days from the date the Appeals Form and the Outline of Appeals Information are forwarded to both parties.
    2. Included in this notification, the Head of Ombudsman Service will notify both the Complainant and the Respondent with the position this Appeal has within the current Facilitation and Complaints Schedule.
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  7. The Complainant, Respondent, and where applicable, Third Party will provide their response within the period of time determined in point 6.
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  8. The Head of Appeals will determine whether Complainant, Respondent, and where applicable, Third Party have responded within the set period of time.
    1. Where Complainant, Respondent, or where applicable, Third Party has not responded, the Head of Appeals will email to request the information and understand the reason for not responding.
      No further action will be taken on this Appeal until the requested additional detail is received to the satisfaction of the Head of Appeals, or no response is received within the extended period of time.
    2. Where Complainant, Respondent, and where applicable, Third Party have responded within the set period of time or point 8a has been completed within the extended period of time, the Head of Appeals will proceed to point 9.
    3. Where one or both parties do not respond within the extended period of time, the Head of Appeals will proceed to point 9 noting the lack of co-operation in the Outline of Appeals Information report and on the Ombudsman Service Register.
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  9. The Head of Appeals will review the information within 10 working days and if the responses from point 8 above:
    1. provides a resolution. The Head of Appeals will proceed to point 10.
    2. does not provide a resolution, the Head of Appeals will update the Outline of Appeals Information report and convene the Appeals Panel. The Head of Appeals will proceed to point 13.
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  10. The Head of Appeals will create an Outline of Appeals Information report and forward it to all parties, requesting a confirmation from the Complainant, the Respondent, and where applicable, the Third Party within the next 5 working days.
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  11. The Complainant, Respondent, and where applicable, Third Party will provide their response within the period of time determined in point 10.
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  12. The Head of Appeals will determine whether both parties have responded within the set period of time.
    1. Where one or both parties have not responded, the Head of Appeals will email to request the confirmation and understand the reason for not responding. They will ask for a response within the next 5 working days, explaining that if they do not confirm within the next 5 working days the Ombudsman Service will take their lack of response as their acceptance.
      No further action will be taken on this resolution confirmation until the requested additional detail is received to the satisfaction of the Head of Ombudsman Service, or no response is received within the extended period of time.
    2. Where all parties have responded confirming their acceptance of the Outline of Appeals Information report within the set period of time or point 12a has been completed within the extended period of time, the Head of Appeals will proceed to point 25.
    3. Where one or more parties have responded and have confirmed that they are not accepting the resolution in the Outline of Appeals Information report, the Head of Appeals will proceed to point 13.
    4. Where one or both parties do not respond within the extended period of time, the Head of Ombudsman Service will take their lack of response as their acceptance and proceed to point 13 noting the lack of response in the Outline of Appeals Information report, as well as on the Ombudsman Service Register.
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  13. Where the Complainant or Respondent or, where applicable, the Third Party, have not confirmed or did not confirm their acceptance of the resolution in the Outline of Appeals Information report, the Head of Appeals will convene the Appeals Panel, in line with the Ombudsman Service Policy.
    1. No member of one or more previous Panels involved in this grievance may be part of the Appeals Panel.
    2. When invited, each member of the Appeals Panel must openly declare any areas of conflict or of interest prior to becoming involved in this grievance.
      1. Where there is an area of conflict or interest, the Head of Appeals will note their conflict or interest and appoint a different member of the IRCM CIC team to the Appeals Panel.
    3. Once the Appeals Panel is confirmed with no area of conflict or interest, the Head of Appeals and Appeals Panel will progress to point 14.
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  14. The Head of Appeals will collate and combine all information into the Outline of Appeals Information report and forward this report to the newly appointed Appeals Panel.
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  15. Each member of the appointed Appeals Panel will make the time available to review and clearly document their own thoughts, concerns, impressions, etc. of each point raised in the appeal.
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  16. Within 10 working days of the Appeals Panel being convened, the Head of Appeals will organise an online discussion, such that the Appeals Panel can hold a full in-depth discussion incorporating the details of their own reviews.
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    At the end of the online discussion, a nominated member of the Appeals Panel will update the Outline of Appeals Information report and within 5 working days get approval for its release from the whole Appeals Panel.
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  17. Once the Outline of Appeals Information report is available, the Head of Appeals will provide the updated report to both the Complainant, the Respondent, and where applicable, to any Third Party, and ask for a response within the next 5 working days.
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  18. The Head of Appeals will determine whether all parties have responded within the set period of time.
    1. Where one or more parties have not responded, the Head of Appeals will email to request the confirmation and understand the reason for not responding. They will ask for a response within the next 5 working days, explaining that if they do not confirm with the next 5 working days the Head of Appeals will take their lack of response as their acceptance.
      No further action will be taken on this Outline of Appeals Information report until the requested response is received to the satisfaction of the Head of Appeals, or no response is received within the extended period of time.
    2. Where all parties have responded or point 18a has been completed within the extended period of time, the Head of Appeals will proceed to point 19.
    3. Where one or more parties do not respond within the extended period of time, the Head of Appeals will take their lack of response as their acceptance and proceed to point 19 noting the lack of response in the Outline of Appeals Information report, as well as on the Ombudsman Service Register.
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  19. The Head of Appeals or a member of the Appeals Panel will update the Outline of Appeals Information report within 5 working days.
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  20. The Head of Appeals will:
    1. Schedule an Appeals Hearing. This Appeals Hearing will be held within 15 working days of the conclusion of point 18 and will include the latest copy of the Outline of Appeals Information.
      The Head of Appeals acknowledges that it may take a few days to organise a date that suits everyone.
    2. In advance of the discussion, the Head of Appeals will decide whether any legal advice needs to be obtained from the IRCM CIC’s legal advisors.
      Where the legal advice sought incurs a cost, it is understood and agreed by all parties that this cost will be incorporated into the outcome of this Appeal.
    3. The Appeals Hearing will be arranged using the IRCM CIC’s Meeting and Conference platform.
      Where the Complainant or Respondent or Third Party requests that the Appeals Hearing be held in a face-to-face venue, all costs will be covered by the individual requesting the face-2-face hearing.

      1. The invite to the Appeals Hearing will include the date, time, relevant attendance information, and the latest copy of the Outline of Appeals Information report.
        The invite will include the names and IRCM CIC positions of the Appeals Panel, as well as the names of the Complainant, the Respondent, all Third Parties, and all Witnesses.
    4. The Head of Appeals will email all parties and invite them to the Appeals Hearing.
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  21. Outline of the Appeals Hearing:
    1. The Head of Appeals will attend and will chair the Appeals Hearing.
      1. The Appeals Panel will attend.
      2. The Complainant, Respondent, and all relevant Third Parties will attend, and:
        1. may bring one support person to the Appeals Hearing.
          It is important to note that the support person is there to support the Complainant or the Respondent or the Third Party and will not participate in the activities of the discussion.
        2. may request that witnesses be called to attend the Appeals Hearing.
          In the request, the name(s) of such witnesses with the reason for their attendance; must be submitted to the Head of Appeals no later than 10 working days prior to the date of the Appeals Hearing.
          All witnesses must be prepared to be questioned by the Head of Appeals, any member of the Appeals Panel, the Complainant or the Respondent or Third Party.
    2. Any additional information (i.e. witness statements, correspondence, etc.) must be received by the Head of Appeals not less than 10 working days prior to the date the Appeals Hearing.
      1. On receipt, this information will be shared with the Panel and all parties.
      2. Information received after the deadline, may or may not be included.
        The Head of Appeals will review the information and decide whether to include the information received and send it to all parties, or bring it into the Appeals Hearing, or exclude the information.
    3. The Head of Appeals will decide if new information can be accepted on the day of the discussion.
    4. The Appeals Hearing is called to allow each party to put their side, and for the Appeals Panel to ask relevant questions.
    5. The Appeals Hearing will allow each party, one at a time, to put their side of the appeal; starting with the party that raised the Appeal; followed by the Complainant, then the Respondent, and if necessary, any and all Third Parties.
      Any new evidence submitted at this time will be taken into consideration in the findings and conclusion.
    6. If the Respondent or the Complainant or the Third Party fails to attend the discussion (with or without explanation), the Head of Appeals has the right to:
      1. continue with the Appeals Hearing in their absence, or
      2. terminate and conclude the Appeals Hearing, or
      3. adjourn and reset the Appeals Hearing for no later than 14 calendar days from the date of the original discussion.
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  22. The Head of Appeals will formally open the Appeals Hearing, start the recording, and provide an outline of the reason(s) it has been called.
    It is important to understand that there will be no interruptions, criticism, antagonism, argument, or anger when someone is talking or responding
    All communication will be open, professional, kind, and considerate.

    1. The person who raised the Appeal will have a 10 minute opportunity to explain their appeal.
    2. Where the Complainant was not the person who raised the Appeal, they will follow with a 10 minute opportunity to put their side of their response to the Appeal.
    3. Where the Respondent was not the person who raised the Appeal, they will follow with a 10 minute opportunity to put their side of their response to the Appeal.
    4. Where applicable and where the Third Party was not the person who raised the Appeal, they will follow with a 10 minute opportunity to put their side of their response to the Appeal.
    5. Where applicable, each witness will have a 10 minute opportunity to put their side of their response to the Appeal.
    6. Once each party has put their side of their response to the Appeal, each member of the Appeals Panel will ask their question(s).
      It is important that no question is asked more than once or duplicated.  It will be noted if the person answering does not provide a full response to the question asked.
      During this process, each Complainant, Respondent, Third Party, or witness may confer with their person of support.
    7. At any time during this process, the Head of Appeals may step in and ask a question or request a full response or remind the parties of the details of the process or anything else that is appropriate at the time.
    8. At the end of the Appeals Hearing the Head of Appeals will ask the Complainant and then the Respondent, and where applicable, the Third Party:
      1. if they can see a resolution and if so ask them to provide the details, and
      2. whether they have one more statement to make.
    9. If the Complainant or the Respondent or the Third Party puts forward a resolution, the Head of Appeals will ask the other party(ies) if they accept the resolution.
      If no resolution has been proposed, the Head of Appeals will move on to the next step.
    10. At the end of the Appeals Hearing, the Head of Appeals will thank each person for making the time and attending this Hearing.
      1. Where a resolution has been agreed, the Head of Appeals will confirm the agreement.
      2. The Head of Appeals will explain the next steps.
    11. The findings and conclusion will be announced by the Head of Appeals within 15 working days.
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  23. Within 5 working days of the Appeals Hearing being held, the Head of Appeals will meet with the Appeals Panel to hold a full in-depth discussion to determine their findings and reach a conclusion.
    1. Before this meeting, each member of the Appeals Panel (Head of Appeals and Appeals Panel members) will make the time available to review and clearly document their own thoughts, concerns, impressions, etc. of the Appeals Hearing. In this review, each member will consider:
      1. the details of the appeal
      2. determine whether it would have changed the original resolution and/or outcome.
      3. If required, determine a new outcome(s), and
      4. if required, determine new sanctions.
    2. The Head of Appeals and Appeals Panel will determine their findings and come to a conclusion.
      1. Clarifying the type of complaint.
      2. Providing a summary of the appeal.
      3. Where applicable, documenting the agreed resolution.
      4. Where there was no agreed resolution, the Ombudsman Service Appeals outcome.
      5. If required, sanctions
      6. Completion date for all resolution(s)/outcome(s).
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  24. At this point, the Appeals Panel for this grievance will be disbanded.
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  25. As soon as possible after an agreed resolution (point 12 above) or the Appeals Hearing (point 23 above), the Head of Appeals will create the Outcome of Appeal report, incorporating the Outline of Appeals Information report and all subsequent detail, in line with Step 3: Outcome and Sanctions in the Ombudsman Service Procedure, clearly documenting:
    1. A summary of the appeal
    2. Type of Complaint
    3. A determination that if the appeal information had been included originally, whether the original determination would have been different.
    4. Where applicable, documenting the agreed resolution
    5. Where there was no agreed resolution, the Head of Appeals and Appeals Panel findings and outcome
    6. If required, sanctions
    7. Completion date for all resolution(s)/outcome(s)/sanction(s).
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  26. No later than 14 working days after an agreement has been reached (point 12 above) or point 25 above, the Head of Appeals will release the Outcome of Appeal report to all parties, and update the Ombudsman Service Register.
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    The Head of Appeals will request that the Complainant and/or Respondent and/or, where applicable the Third Party, on completion of the resolution, or outcome, or sanction, proceed to point 3 of Resolutions or Outcomes under Step 3: Resolutions, Outcomes, and/or Sanctions to complete the relevant form and if necessary, the Request to Lift Sanctions form.
Ombudsman Service Appeals

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Ombudsman Service Policy

© 2021 International Regulator of Coaching and Mentoring CIC. All Rights Reserved
Version 5: November 2021

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Currently, all information provided by and correspondence with the IRCM CIC is in English.