Rules 20(1)(a) and 21(1)(a)
| Type of proceedings | Time for application notice | Time for response |
|---|---|---|
| Under Suspension Regulations (suspension of registration as a childcare provider) | 10 working days after written notice of the decision was sent to the applicant | 3 working days after the respondent received the application notice |
Under section 79M of the Children Act 1989(21), except against a notice under section 79L(1)(a) of that Act (notice of intention to refuse an application for registration for childminding or providing day care) Under paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998(22) (appeal against a decision of the Chief Inspector for Wales) Under section 68 of the Care Standards Act 2000 (appeal against a decision of the Council) except an appeal against a refusal under section 58 of that Act (refusal of an application to be included on a register of social workers) Under section 74(1)(b) to (e) and (2) of the Childcare Act 2006 (appeal against steps taken by the Chief Inspector except refusal of application for registration or against a prescribed determination) |
28 days after written notice of the decision was sent to the applicant | 20 working days after the respondent received the application notice |
Under section 21 of the Care Standards Act 2000 (refusal or cancellation of registration, or variation of conditions of registration, by registration authority or by order of a justice of the peace) Under section 32 of the Health and Social Care Act 2008(23) (appeal against a decision of the Care Quality Commission or an order of a justice of the peace cancelling registration) Health and Social Care Act 2008 Under section 166 of the Education Act 2002 (appeal against steps taken by the registration authority) |
28 day time limits are set out in section 21(2) of the Care Standards Act 2000, section 166(2) of the Education Act 2002 and section 32(2) of the Health and Social Care Act 2008 | 20 working days after the respondent received the application notice |
Under section 65A of the Children Act 1989(24) (refusal to give consent for a person who is disqualified from fostering a child privately to carry on, be otherwise concerned in the management of, have any financial interest in, or be employed in, a children’s home) Under section 79M of the Children Act 1989 against a notice under 79L(1)(a) of that Act (notice of intention to refuse an application for registration for childminding or for providing day care) Under section 4 of the Protection of Children Act 1999 (inclusion of a person on a list of individuals who are considered unsuitable to work with children, a refusal to remove a person from such list, or determination of inclusion on the list where a person has been provisionally included on the list for more than 9 months) Under section 68 of the Care Standards Act 2000 where the appeal is against a refusal under section 58 of that Act (refusal of an application to be included on a register of social workers) Under section 86 of the Care Standards Act 2000 (inclusion of a person on a list of individuals who are considered unsuitable to work with vulnerable adults, a refusal to remove a person from such list, or determination of inclusion on the list where a person has been provisionally included on the list for more than 9 months) Under the Education (Prohibition from Teaching or Working with Children) Regulations 2003(25) (decision to give a direction, or a refusal to revoke a direction, prohibiting or restricting a person from working in education or in a job which brings them regularly into contact with children) Under section 74(1)(a) of the Childcare Act 2006 (refusal of registration as a childcare provider) |
3 months after written notice of the decision was sent to the applicant | 20 days after the respondent received the application notice |
| Under regulations made under section 28X of the National Health Service Act 1977(26) (decision contingently to remove a person from a list maintained by a Primary Care Trust or Local Health Board of persons authorised to perform primary medical, dental or ophthalmic services, or local pharmaceutical services) | (a) for the first application in relation to a decision, 3 months after the decision was made; (b) for any further application in respect of the same decision, 6 months after the Tribunal made its last determination in relation to that decision; (c) for any further application in respect of the same decision where the parties apply jointly to the Tribunal with a view to seeking— (i) the same variation of conditions, (ii) the same imposition of different conditions, or (iii) for the contingent removal to be revoked, 1 month after the Tribunal made its last determination in relation to that decision. |
21 days after the respondent received the application notice |
| Under Part 4 of and Schedule 27 to the Education Act 1996(27) (provision of education to a child with special educational needs) | 2 months after written notice of the decision was sent to the applicant | 30 working days after the respondent received the application notice |
| Under section 28I of the Disability Discrimination Act 1995(28) (disability discrimination in the education of a child) | 6 months after the decision or act complained of | 30 working days after the respondent received the application notice |
(This note is not part of the Rules)
Part 1 of the Tribunals, Courts and Enforcement Act 2007 (c.15) establishes a new tribunal structure comprising a First-tier Tribunal and an Upper Tribunal. Appeal functions of existing tribunals are being transferred to this structure and assigned to chambers within the new tribunals. These Rules govern the practice and procedure to be followed in the First-tier Tribunal in proceedings which have been allocated to the Health, Education and Social Care Chamber by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008(29).
Part 1 contains provisions for interpreting and applying the Rules and sets out the overriding objective of the Rules.
Part 2 contains general powers and provisions including the Tribunal’s general case management powers, the giving of directions, the power to strike out a party’s case, the service of documents and rules about evidence, submissions and witnesses.
Part 3 contains provisions on starting proceedings and on responses and replies in cases other than mental health cases. It also makes provision for hearings and for decisions made by the Tribunal in those cases.
Part 4 contains provisions on starting proceedings and on statements by authorities in mental health cases. It also makes provision for hearings and for decisions made by the Tribunal in those cases.
Part 5 deals with correcting, setting aside, reviewing and appealing against Tribunal decisions.
1989 c.41. Sections 79L and 79M were inserted by section 79(1) of the Care Standards Act 2000 (c.14). Back [21]
1989 c.41. Section 65A was inserted by section 116 of, and paragraph 14(1) and (14) of Schedule 4 to, the Care Standards Act 2000 (c.14). Back [24]
S.I. 2003/1184. Back [25]
1977 c.49. Section 28X was inserted by section 179(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43). It was repealed by section 6 of, and Schedule 4 to, the National Health Service (Consequential Provisions) Act 2006 (c.43) subject to savings provisions in paragraph 1 of Schedule 2 to that Act. Back [26]
1995 c.50. Section 28I was inserted by section 18 of the Special Educational Needs and Disability Act 2001 (c.10). Back [28]
S.I. 2008/2684. Back [29]