Regulation and Inspection of Social Care (Wales) Act 2016

Valid from 03/04/2017

131 Review of decisions by SCW E+W

(1) SCW must review a decision to which subsection (2) applies if—

(a) it thinks that the decision may be materially flawed, or

(b) it thinks that a different decision may have been made on the basis of information that was not available when the decision was made.

(2) This subsection applies to the following decisions—

(a) a decision not to refer a matter to a fitness to practise panel under section 121 or 126(2),

(b) a decision not to refer a matter for investigation under section 125,

(c) a decision to dispose of a case after investigation under section 126(3), and

(d) a decision to refer a case for mediation under regulations under section 130.

(3) SCW may not review a decision after the end of the period of 2 years beginning with the date on which the decision was made unless SCW thinks that it is in the public interest to do so.

(4) Where SCW decides to review a decision, it must give notice to the interested parties of—

(a) the decision to carry out a review, and

(b) the reasons for carrying out a review.

(5) In this section “interested parties” means—

(a) the registered person in respect of whom the decision under review was made,

(b) the person (if any) who made an allegation in respect of which the decision was made, and

(c) any other person who SCW thinks has an interest in the decision.

(6) On a review under this section, SCW may—

(a) substitute for the decision under review another decision of a kind that could have been made by the original decision maker,

(b) refer the matter for investigation under section 125, or

(c) determine that the decision stands.

(7) SCW must give notice of the outcome of the review to the interested parties.

(8) SCW must by rules make provision about the arrangements for carrying out a review under this section.

(9) Rules made under subsection (8) may, in particular, make provision about—

(a) the procedure to be followed in carrying out a review (including provision for the interested parties to make representations to SCW);

(b) the content and timing of notices to be given under this section.