Challenge a decision overview

You must be eligible to request a review of a decision taken about you. Decisions taken after the 2 May 2022, and in respect to the following are considered to be in scope:

Where a CAA official has advised you of a refusal to issue, or a proposal to vary, provisionally suspend, suspend or revoke any of the following licences or authorisations issued in relation to:

• Flight crew licensing (including licensing action as a result of an airspace infringement, as well as licensing decisions taken by entities we delegate authority to)
• Aircraft maintenance engineers
• Air traffic controllers
• Rating and endorsements for instructors and examiners
• Medical fitness decisions
• Aeromedical examiners

The following will not be in scope:

A complaint about a service or member of staff, which should follow the CAA complaints process.

• Judgement on level and/or amount of education or retraining relating to airspace infringements
• An unregulated person or organisation
• Decisions made about outcomes of service complaints, consumer complaints or complaints about third parties
• Decisions relating to requests for information made under the Freedom of Information Act, Environmental Information Regulations or the Data Protection Act.
• A decision that is currently being considered under Regulation 6 of the Civil Aviation Authority Regulations 1991.
• A matter that is under investigation or subject to enforcement action by the CAA.

Requests for a review of medical fitness decisions should be requested through the medical review process.

You do not need to demonstrate why you think your case should be looked at again by someone in the CAA independent of the original decision, but any information you provide could be helpful to the case reviewer.

submit a request for an internal review.

Decisions that are in scope for an internal review which has been explained previously, may also be reviewed by the IRP following the outcome of the internal review, if they meet certain eligibility criteria.

For review of cases relating to medical fitness decisions, you must have exhausted the existing medical secondary and final appeals process before requesting a review by the Independent Review Panel.

The IRP is overseen by the Department for Transport (DfT) and is independent of the CAA. To request a case review by the IRP, you must demonstrate where you think the CAA did not meet expectations of following the correct process and procedure. The IRP may choose not to consider your case based on the information you provided.

Eligible decisions must be those previously mentioned and be taken after the 2 May 2022.

The following will not be in scope to be reviewed by the IRP:

• A complaint about a service or member of staff. Instead, this should follow the CAA complaints
• Judgement on level and/or amount of education or retraining relating to airspace infringements
• An unregulated person or organisation
• Decisions made about outcomes of service complaints, consumer complaints or complaints about third parties
• Decisions relating to requests for information made under the Freedom of Information Act, Environmental Information Regulations or the Data Protection Act.
• A decision that is currently being considered under Regulation 6 of the Civil Aviation Authority Regulations 1991.
• A matter that is under investigation or subject to enforcement action by the CAA.

The terms of reference can be found on the DfT website.

The Regulation 6 review process is established by Regulation 6 of the Civil Aviation Authority Regulations 1991. When a review is requested, a review panel is established to hear that matter comprising of CAA Non-Executive Board Members who are appointed by the Secretary of State and have had no previous involvement in the case.

The Regulation 6 review panel makes the regulatory decision on behalf of the CAA. This means it can review both the processes which were followed, as well as any substantial judgments made in a case.

Decisions in scope for review

The functions (both in UK as well as retained EU law) which are currently eligible for review are:

• Registration of aircraft.
• Certification of operators of aircraft.

Certification of airworthiness of aircraft.

• Noise certification.
• Certification of compliance with the requirements for the emission by aircraft engines of unburned hydrocarbons.
• Personnel licensing.
• Licensing of aerodromes.

Validation of any certificate or licence.

• Approval of equipment and approval or authorisation of persons.
• Approval of schemes for the regulation of the flight times of aircraft crew.
• Receiving reports of reportable occurrences.
• Making air traffic directions.
• Making airspace policy directions.

Provisional suspension cases are not permitted to be reviewed through the Regulation 6 process.

Eligibility

On request (within 14 days of proposed decision), depending on whether it is a function which is listed in Regulation 6 of the Civil Aviation Authority Regulations 1991 as being able to utilise the Regulation 6 process (as listed on this page). There is no cost to the applicant in seeking a Regulation 6 review.

Estimated time of review

Variable depending on the availability of the parties, including those who constitute the review panel.

Further options

If a person is unsatisfied with the outcome of the Regulation 6 process, they are not permitted to request the case be considered by the IRP. Instead, they can appeal to the County Court in cases where fitness of character is an issue.

For all other cases, they can apply for a Judicial Review of the matter through the Administrative Court.

Further information Regulation 6 - Appeals