Basketball England Appeals Process – Guidance for participants

Updated: June 2025 

Definitions of terms used in this document can be found HERE

Introduction

Appeals are used to challenge a decision and must be heard by an appeal panel who are independent from those who made the original decision. In general, appeals are a review of the procedures and decision-making, ensuring the right processes were followed and that the original decision-makers were sound in their judgement. Appeals are not a rehearing, and an appeal won’t be successful just because an appeal board might have come to a different decision.  

Before deciding whether to submit an appeal it is worth understanding the scope and limits of an appeal. This document should help, and if any further information is needed please contact [email protected].

This document is produced for guidance and support. Full details can be found in the Appeals Policy. If there is any discrepancy between this document and the Appeals Policy, the Appeals Policy takes precedence. 

Appeal process flow 

Details of each step of the appeal process:

1. A decision is made that can be appealed

2. Notice of intention to appeal within 72 hours to [email protected]

3. Full Notice of Appeal submitted to [email protected] including reasons and grounds for appeal and appeal fee

4. Response to Appeal submitted by original decision-makers

5. Appeal panel appointed

6. Appeal is heard, usually based on the written submissions. Sometimes the parties are permitted to attend (online via Teams)

7. The outcome is given in writing

Understanding the terminology 

Listed below are some of the words that may be used during the appeal process. The Appeal Policy has the official definitions, the guidance below is just to help understand what is being said. Always ask for clarification if needed.   

• Appeal Chair - a member of the appeal panel who will act as chair 
• Appeal Fee - the fee paid to lodge an appeal 
• Appeal Panel - the independent panel convened to follow the appeal processes and Policy, and to adjudicate on the appeal 
• Appellant - the participant who makes the appeal 
• Dismissed - the appeal panel find that the original decision was fair and the outcome remains the same 
• Notice of Appeal - full details of the appeal, including the grounds and reasons for the appeal 
• Notice of Intention - written notice that a participant intends to appeal against a decision 
• Preliminary Matter - a matter that requires consideration, direction or instruction from the appeal chair or panel, prior to the main appeal hearing. For example, if there is a request for new evidence to be considered, or a request to attend the appeal hearing in person 
• Respondent - the party who the appeal is against (whoever made the initial decision that is being challenged) 
• Upheld - the appeal panel find that the original decision (or part of it) should be varied or rescinded 
• Written Submissions (also referred to as ‘papers’ or ‘correspondence’) - documents submitted to support (or respond to) an appeal. This could include a covering letter, copies of emails or letters, and reasons provided for the initial decision 

Circumstances when an appeal can be submitted 

An appeal can be submitted following any decision where it is considered appropriate by Basketball England, unless the relevant rules properly declare there is no right to appeal. This could include decisions made by any of the following: 

• A Disciplinary Commission 
• A Safeguarding Case Management Group 
• A Disciplinary Officer, Officer of Basketball England, or Competitions Review Panel in relation to a League administered by Basketball England 
• An Affiliated League or Competition, or other relevant organisation 

An appeal can only be submitted by the Participant who is directly subject to the decision. 

Lodging an appeal – including timings and fees 

An appellant (the person submitting the appeal) must notify Basketball England within 72 hours of receiving the decision if they intend to submit an appeal. This is simply an email to [email protected] to say an appeal will be submitted. This is called the ‘Notice of Intention’. 

The timeframe for submitting the full appeal depends on the type of decision that is being appealed and should be stated on both the decision letter and in the Appeals Policy. It can vary between 2 days and 14 days. If you are unsure which timeframe is applicable, email [email protected] to confirm or consult the appeals policy.  

• The full appeal submission is called the ‘Notice of Appeal’. The Notice of Appeal should be sent to [email protected], and must: 
• State the date and details of the decision that is being appealed 
• Set out the facts upon which the appeal is based 
• Set out the ‘Grounds of Appeal’ (these are explained in the following section), and why it would be unfair not to alter the decision 
• State any request, if applicable, to present ‘new evidence’ – this means any information that was not made available to those who made the original decision.  
• Include payment of the appeal fee 
• If an application to submit new evidence is made, it will usually only be granted where the appeal panel is satisfied there is an exceptional reason that the evidence had not been made available for the original decision.  

For an appeal the fee is £250, unless the participant directly subject to the decision is under the age of 18, in which case the appeal fee is £100. The fee must be received with the Notice of Appeal. Payment can be made HERE.  

The appeal board will decide about any refund or partial refund of the appeal fee. It is usual practice for the appeal fee to be retained if the appeal is dismissed. 

Grounds of appeal 

When submitting an appeal, the ‘grounds of appeal’ should be stated, this means the reason for the appeal, which must be one (or more) of the following: 

• Information was ignored or not considered
• The process was tainted by reasonable bias or conflict of interest
• Provisions of the procedure were not adhered to in a material fashion 
• A decision was made that no reasonable body could have reached

It is important to understand what each of the grounds mean so a decision can be made about whether it will be worth appealing on that ground. An appeal can be based on more than one of the grounds if appropriate.  

Information was ignored or not considered relates to an omission of information during the decision-making process that may have impacted on the final outcome. This would only be applicable if the information in question was available at the time to those making the decision.   

The process was tainted by reasonable bias or conflict of interest would apply in instances where the individual(s) making the decision were potentially influenced by other factors or pressures that should not have been a consideration, which may have resulted in the appellant not receiving fair consideration of matter.  

Provisions of the procedure were not adhered to in a material fashion could be applicable if the process or hearing hasn’t been conducted in accordance with the relevant rules and regulations. It is  helpful  to demonstrate the impact of this because a fair outcome will usually take priority over any procedural irregularities.  

A decision was made that no reasonable body could have reached means that the decision was ‘unreasonable’. This is a high threshold and is based on a legal principle called the Wednesbury test. There are two strands, first is ensuring that the correct information was considered when making the decision, and second is determining if the outcome was reasonable – this simply means there is sound justification provided for the decision that has been made. Just because a different outcome could have been reached on the same evidence doesn’t mean the original decision was unreasonable. An unreasonable decision could apply to any sanction that is imposed, as well as the outcome itself.  

The Appeal Process  

Once the Notice of Appeal has been submitted, the respondent (the body/organisation who made the initial decision) will provide a response within a deadline set by either the appeal panel or Basketball England. The response should include the information that was considered by the original decision-maker(s), a response to the notice of appeal, and any application to submit new evidence. Please note that in a safeguarding investigation it may not be possible to provide full documentation. Please see the appeal policy for further information.  

The response, as well as names of the appointed appeal panel members, will be provided to the appellant before the appeal hearing.   

The appeal will then proceed as a review of all the documents submitted. If an application to attend has been successfully made then the parties are entitled to attend to make oral submissions. This also applies to any appeal where the Appeal Panel has allowed new evidence to be submitted. Any attendance at an appeal will be online, usually via Teams. 

What happens at an appeal hearing 

The appeal panel will be assisted by an individual appointed as secretary. This person makes the arrangements for the appeal and will be the point of contact for all parties. They will ensure the correct process is followed and will not have any say in the decision making. 

If the appeal takes place on the written submissions only, the appeal panel will meet online for discussions, before coming to a decision that will be notified to both parties.  

If either or both parties are present at the appeal, the following process will usually apply (the appeal panel can amend this process if they need to): 

• The Appeal Chair will make introductions, outlining the matter being appealed and may ask the parties to briefly introduce themselves 
• The appellant (person who submitted the appeal) outlines the basis of their appeal, highlighting areas from the written submissions that they think are most relevant  
• The respondent (person representing the organisation/body that made the original decision) will give a response, detailing how and why the decision was reached 
• The appeal panel may ask questions of either party. This may happen throughout the above two points, or they may prefer to ask questions after hearing from both parties. The appellant and respondent cannot ask each other questions 
• After questions have been answered, the respondent sums up their submissions 
• The appellant has the final word, summing up their submissions 
• The appeal panel will then deliberate in private. Occasionally they may recall the parties in person to announce the decision, more often the decision is notified in writing 

The appeal panel have several options when making a decision, including: 

• Allowing or dismissing the appeal 
• Upholding the original decision 
• Making any decision that was open to the original decision-maker, including increasing, decreasing, or varying the sanction/decision 
• Quashing any sanction and/or substituting it for any other appropriate sanction  
• Ordering a rehearing of the matter 
• Ordering the return or forfeit (in full or part) of the appeal fee 
• Imposing any costs (in full or part) incurred by the Appeal Panel on either or both parties 
• Any other order deemed appropriate  
• There is no further right of appeal to BE after this, other than challenging the quantum of costs.  

Further steps 

If you remain dissatisfied with the original decision-making process and/or the appeals process, Basketball England have a complaints procedure that can be utilised. Please be aware that this is not a means to further challenge the outcome – it will be a review of the process to identify any shortcomings, with the aim of recognising and acknowledging where improvements can be made in future. Complaints can be submitted through the Basketball England website: Make a Complaint | Basketball England. 

Basketball England are committed to the ongoing review and improvement of our services. To provide feedback about your experience, or to provide any suggestions to improve the service provided by Basketball England, please email [email protected].