Appeals are based on the application as it was submitted to DARS then IGARD, without any changes to the application summary. If the applicant wishes to provide new additional information then the updated application should instead be reviewed by DARS then IGARD following the usual application review process.
If an applicant wishes to appeal they should submit a completed appeals template (see Appendix A) to the IGARD Secretariat. This must include a clear reason for appeal; if no clear reason is given then the applicant will be informed that they will need to resubmit the appeal with the required information. Appeals must be submitted within a maximum of six months from the date when IGARD considered the application.
On receipt of an appeal, the IGARD Secretariat Manager will notify IGARD, the Caldicott Guardian or their delegate and the NHS Digital SIRO, or their delegate, of the appeal. If the SIRO, or their delegate, has reason to believe that the appeal should not proceed then the SIRO will inform IGARD Secretariat who will notify relevant parties, and the appeal will be rejected via an email back to the applicant with a clear explanation of why the appeal has been rejected by the SIRO, or their
delegate. If the SIRO confirms the appeal should be heard, he will notify the IGARD Secretariat who will notify the Caldicott Guardian, or their delegate, the Director Data Dissemination, or their delegate, and the IGARD Chair.
Following SIRO notification that the appeal will be considered, the IGARD Secretariat will prepare the appeal paperwork. This must include the completed appeal template, the minutes of the IGARD meeting or meetings when the application was discussed, the original application itself and all supporting documents that were included in the original application pack.
IGARD Chair, Head of Data Access and Caldicott Guardian review of reason for appeal
The IGARD Chair, Director Data Dissemination and Caldicott Guardian, or their delegates, will together consider the appeal paperwork and decide whether the appeal is made under appropriate grounds, whether it should be initially reviewed by IGARD or proceed straight to Caldicott Guardian review, or if it should be rejected before any further review takes place.
IGARD review of appeal
Where it has been agreed, IGARD will undertake a review of the appeal paperwork to consider whether the previous recommendation should be amended in the light of the appeal. This review will take place at the next available IGARD meeting, as a formal agenda item, rather than being considered out of committee, and will be included within the published minutes of IGARD.
If IGARD agree to reverse the previous recommendation then the appeal will be accepted, a recommendation made to NHS Digital and data can be disseminated by NHS Digital. However; if IGARD confirms its previous recommendation, the appeal outcome will then be forwarded to the Caldicott Guardian for review.
Caldicott Guardian review of appeal
The Caldicott Guardian, or their delegated representative, will review the appeal paperwork provided by the IGARD Secretariat to determine whether the appeal should be accepted or rejected.
A suitable SLA may be agreed to confirm the time period for appeals reviews to be carried out. The IGARD meeting minutes will record that an appeal has been submitted to the Caldicott Guardian, or their delegated representative, and once completed, the appeal decision will also be recorded in the IGARD minutes or otherwise published online.