Guidance

Security Vetting Appeal Panel Terms of Reference

Published 14 May 2024

Introduction

1. The Security Vetting Appeals Panel (SVAP) is an independent, advisory non-departmental public body (NDPB)^{[footnote 1]} sponsored by the Cabinet Office. It was established in July 1997 by the then Prime Minister to provide a final means of challenging a decision to refuse or withdraw National Security Vetting (NSV).

2. In addition to its role as an appeal body, SVAP aims to strengthen the policies and procedures of the UK National Security Vetting system through its recommendations and engagement with government organisations and vetting decision-makers.

Powers

3. SVAP’s function is quasi-judicial in that it involves hearing a dispute and ascertaining the facts with regard to the refusal and/or withdrawal of NSV.

4. SVAP makes recommendations and advises departments/organisations on NSV decisions, decision-making policy and procedures. It has no power to substitute its conclusions with the decision of the decision-making organisation; although SVAP’s recommendations are invariably followed.

5. Any ensuing action following SVAP’s recommendations remains at the discretion and responsibility of the relevant department or organisation.

6. SVAP has the powers to recommend that a decision to refuse or withdraw security clearance should stand or be set aside^{[footnote 2]}, or that security clearance should be granted or restored. These powers can extend to recommending that the NSV process be re-run.

7. It can make recommendations for procedural and policy improvements/changes on the organisation’s vetting practices, including the appeal process, in order to help organisations improve and maintain required vetting standards.

8. In meeting its obligation to help strengthen the procedures of the UK National Security Vetting system and organisational decision-making and processes, where required, and at the discretion of the Chair and/or Deputy Chair, representatives from the department/organisation can be requested to meet with SVAP to discuss specific issues surrounding their vetting practices and/or overarching policies.

9. SVAP is not responsible for any compensation/reimbursement to individuals and/or organisations for costs incurred as a result of an SVAP appeal. Equally, SVAP does not have the powers nor jurisdiction to issue decisions - or express a view - on settlement/compensation for appellants who have been subject to an adverse vetting decision.

Governance

The Panel

10. The Panel, by virtue of Prime Ministerial appointment, comprises a Chair, Deputy Chair(s) and nine Lay Members. The Chair and Deputy Chair(s) are senior retired members of the judiciary, with Lay Members having suitable experience at a senior level in public service or in the private sector.

The Panel will review case materials, hear appeals, draft final reports, provide instruction to the Secretariat and issue advice on policies and procedures within the remit of SVAP and NSV.

The Secretariat

11. The Secretariat comprises four full-time members of staff who manage SVAP procedures and operations including engagement with stakeholders on issues falling within the remit of SVAP.

SVAP Appeals

12. SVAP has no mandate to hear appeals against adverse decisions taken under other forms of vetting (e.g. Baseline Personnel Security Standard, Police Vetting, HMPPS pre-employment checks) or matters concerning performance or discipline.

13. SVAP is available to hear appeals from individuals in government departments, the armed forces, the police and other organisations, or from those employed by contractors of those departments and organisations, who have been through the relevant internal appeal process and remain dissatisfied with the outcome. Separate SVAP arrangements exist for applicants to specific oversight bodies of the Security and Intelligence Agencies.

14. SVAP is not available to members of the Security and Intelligence Agencies who are subject to different arrangements.

15. SVAP is not available to candidates for recruitment or employment who have no formal rights of appeal against adverse vetting decisions if their applications are rejected on security grounds.

16. An individual seeking to register an appeal to SVAP, must contact SVAP Secretariat within 28 days of receiving the final notification of refusal/withdrawal of security clearance resulting from the internal appeal.

17. Final reports resulting from an appeal to SVAP will be issued to the Head of the Organisation (or equivalent) and the Appellant. Other parties involved or concerned with the appeal (including those responsible for acting on the Panel’s recommendations) may also be provided with the report.

18. Guidance for appellants and organisations on the appeals process will be made available when eligibility has been confirmed.

Relationship with the Employment Tribunal

19. In some cases, there is an ‘overlap’ between the roles of SVAP and the Employment Tribunal (ET). Although no formal arrangement is in place, it is understood between the two organisations that ET cases brought by individuals on the basis of the refusal and/or withdrawal of NSV clearance will be stayed until the outcome of an SVAP appeal is reached.

Data Protection

20. SVAP will use the data provided by any parties in accordance with the General Data Protection Regulation, as applied by Chapter 3 of Part 2 of the Data Protection Act 2018 (‘the applied GDPR’) in order to process your appeal.

21. More information on how SVAP will use personal data can be found in SVAP Privacy Notice.^{[footnote 3]}

Complaints Procedure

If you’re not satisfied with the conduct of the appeal or the Secretariat and wish to make a formal complaint, please contact SVAP (for the attention of the Chair)  either via email or in writing. Contact details are below.

Office address

The Chair of the Security Vetting Appeals Panel

Room 335

70 Whitehall

London

SW1A 2AS

Email

[email protected]

If you are dissatisfied with this response, you can complain directly to the Cabinet Office. To do so, please follow the Cabinet Office complaints procedure.

1. NDPBs are bodies which have a role in the processes of national government, but are not a Government department or part of one, and which accordingly operate to a greater or lesser extent at arm’s length from ministers. ↩

2. In some cases SVAP may conclude that a decision was wrong, or that it was unsafe (in that it had been made without taking all relevant factors into account or taking into account matters which should not have been taken into account), but is not in a position to recommend what decision should have been taken. In addition, for various reasons it may not be practicable or appropriate to recommend that the process be re-run. In these circumstances, the only available course is to recommend that the decision to withdraw or refuse clearance is set aside (cancelled or annulled), so that it is no longer of any binding effect. This result may be of importance to an appellant. ↩

3. Security Vetting Appeals Panels Privacy Notice ↩