Introduction
Sport Wales is committed to ensuring that all Investment Funding decisions are made properly and in accordance with our published criteria. We are also committed to ensure that our Partners are provided with all the necessary information to ensure that they fully understand the basis for all Investment decisions and the reasons why amounts have been awarded or in certain cases, why applications for investment have been rejected.
Sport Wales envisage that there will be an ongoing dialogue with our Partners throughout the Investment policy. We will seek to ensure that Partners have all the information required for applications/submissions, will be aware of the data held by Sport Wales for the purposes of allocating funding when that is relevant, will be aware of the way in which we will assess applications and how the Investment decision-making policy works. Where appropriate, feedback will be provided to Partners on their applications/submissions.
Appeal
However, notwithstanding our commitment to ensure that Partners are fully aware of the reasons why Investment decisions have been made, you may still be dissatisfied and seek to appeal that decision. In those circumstances we have a robust appeal policy to ensure that any justifiable concerns are dealt with swiftly and comprehensively.
The grounds for appeal are limited. Sport Wales is only able to consider appeals if:
• You consider that Sport Wales did not follow our procedures or did not reasonably apply our procedures.
• You are able to illustrate that we have misunderstood a significant part of your application or the material you have submitted to us which has led to the reduction, alteration or rejection to your Investment Funding.
Appeals Policy
Initially, we would hope to be able to deal with queries on an informal basis and as part of the ongoing dialogue we would encourage you to speak with the appropriate personnel at Sport Wales to gain insight in relation to an Investment decision. However, if you are still dissatisfied after having this dialogue, the appeals policy is as set out below: -
Stage 1
• To bring an appeal you should write, in the first instance, to the Chief Executive of Sport Wales within 28 days of the date that you received written confirmation of the outcome of your investment application.
• The appeal must be submitted in writing and must clearly state the grounds for appeal. You should also ensure that the appeal is supported by any additional evidence in support of your appeal and/or refer specifically to documentation that has been previously presented to Sport Wales.
• Your appeal will be acknowledged within 5 working days of receipt.
• The Chief Executive will refer the appeal to a designated individual within Sport Wales who has the necessary seniority and level of understanding of the investment policy to consider the appeal and who has not previously been involved in assessing your investment application.
• The designated individual will then assess the available information submitted by you and contained in your application/partnership agreement file.
• The designated individual, when considering your grounds of appeal, may if appropriate seek further information to establish the facts from you, or from individuals within Sport Wales or, if appropriate, third parties.
• We will endeavour to inform you of the outcome of your appeal as soon as is reasonably practicable. However, the time taken to consider the appeal will vary depending on the circumstances of each appeal.
• The designated individual will then refer the matter back to the Chief Executive with the outcome of their investigation and recommendations. The Chief Executive can dismiss the appeal or uphold the appeal.
• If your appeal is upheld, your application/partnership agreement will be referred to the appropriate Sport Wales Officer for reconsideration and a fresh decision will be made by Sport Wales.
• Please note that even if your appeal is upheld and your application is re-assessed, this will not automatically mean that an award will be offered/increased.
Stage 2
• If you have appealed against the Funding decision, in accordance with Stage 1 above, and you are still not satisfied with the response, then you can make a further appeal to Sport Resolutions UK (“SRUK”) who are an independent and unbiased organisation who provide arbitration services for disputes relating to sport.
• Sport Resolutions are not connected to Sport Wales and any investigations and recommendations provided by them are done so independently.
• The grounds of appeal at this stage are restricted to the same as the grounds of appeal at Stage 1 referred to above.
• Should you wish to make such an appeal to Sports Resolutions you should inform us in writing within 14 days of the written confirmation of the outcome of your appeal under Stage 1. .
• In the case of an appeal to Sport Resolutions, the appeal policy to be followed is set out in the Sport Resolutions Arbitration Rules (please see link https://www.sportresolutions.co.uk/images/uploads/files/D_3_-_Arbitration_Rules_2.pdf).
• Please note that Rule 3 of the Sports Resolutions Arbitration Rules will not apply to any appeal made under this Policy. In the event of any inconsistency between this Policy and the Sports Resolutions Arbitration Rules the provisions of this Policy will prevail.
• A copy of the Sport Resolutions Arbitration Rules and an Arbitration Agreement will be sent to the appellant upon receipt by Sport Resolutions of the notice of appeal.
• An appeal to Sport Resolutions will be considered on the papers. However, any panel instituted by Sport Resolutions may, if it considers it appropriate to do so, consider the hearing of evidence or legal or other submissions depending on the circumstances.
• The panel appointed by Sport Resolutions will consist of 3 individuals appointed by them with the Chair usually being a legally qualified person.
• You are unable to appeal to Sport Resolutions if you have not completed the procedure as set out at Stage 1 above.
• As part of the appeal policy Sport Resolutions may provide recommendations to Sport Wales which will be communicated to you.
• The costs of an appeal to Sports Resolutions will be dealt with in accordance with the provisions of the Sports Resolutions Arbitration Rules as follows: -
• The costs of the appeal including the costs of Sports Resolutions UK, the Tribunal and any experts appointed by the Tribunal shall be determined by the Executive Director of Sports Resolutions in accordance with Sports Resolutions procedures in force at the time. Unless the parties agree or unless the tribunal otherwise directs or unless any applicable regulations otherwise provide each party shall be liable for an equal share of the costs.
• The parties shall be responsible for their own legal and other costs unless the parties otherwise agree or unless the Tribunal otherwise directs or unless any applicable regulations otherwise provide.
• The decision of Sports Resolutions is final, and no further appeal will be allowed.
Important Information
Sport Wales is unable to consider appeals on any other grounds than those stated in paragraph 2 above and we cannot consider an appeal which seeks to argue the merits of the decision itself or argues that the data used to calculate the maximum award is wrong. Appeals will be restricted to the integrity of the decision-making policy only.
The substance and outcome of all appeals made under this Policy will be reported to the Sport Wales Audit and Risk Committee.