Appeals against a reasonable grounds or Conclusive Grounds decision
Last updated 23/09/2021
Where an individual considers the Competent Authority has made a decision incorrectly, an individual can challenge that decision by way of Judicial Review. However, it may be appropriate for the Competent Authority to reconsider a decision.
Reconsideration of a Reasonable Grounds or Conclusive Grounds decision
If a first responder or support provider wishes to submit additional evidence, or they raise specific concerns that the decision is not in line with published guidance, the Competent Authority must look at whether they wish to reconsider the decision. This is not a formal right of appeal and the decision should only be reconsidered where there are grounds to do so.
This informal arrangement does not extend to other parties such as legal advisors and non governmental organisations outside the NRM. However those third parties could ask a support provider or first responder involved in the case to request a reconsideration. A support provider or first responder is not obliged to consider that request or provide reasons for not making a reconsideration request.
If a legal representative or non governmental organisation outside the NRM requests a reconsideration from the Competent Authority they should be notified that:
‘Our policy in the published competent authority guidance clearly set outs that reconsideration requests of NRM decisions may only be made by first responders or support providers involved in the case. You are not the first responder or support provider involved in this NRM case so under the published guidance we cannot reconsider the NRM decision based on your request. There is no breach of our policy as you are not entitled to make a reconsideration request in our guidance.
It is open to you to request a reconsideration via a first responder or a support provider involved in the case. If a support provider or first responder submits a reconsideration request in this case it may be considered in line with the published guidance’.
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