The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

PART 5 E+W Reviews and appeals

Reviews E+W

Right to apply for review E+W

36.—(1) This regulation applies if the Commissioners notify a person of any of the following—

(a) a decision to decline to make a determination as to whether a child is a qualifying child of working parents (see regulation 23);

(b) a determination as to whether a child is a qualifying child of working parents (see regulation 22);

(c) the assessment of a penalty (see regulation 34).

(2) The person may apply to the Commissioners for a review of (as the case may be)—

(a) the decision,

(b) the determination, or

(c) the penalty or its amount.

(3) The application must—

(a) be made—

(i) within 30 days of the day on which the notification is made, or

(ii) if the person is granted an extension of their right to apply for a review, on or before the date notified under regulation 37(5)(a)(ii),

(b) be in the form and manner specified under paragraph (4) (if any), and

(c) include the person’s reasons for the application.

(4) The Commissioners may specify—

(a) the form of an application, and

(b) the manner in which it is to be made (which may require electronic communications).

Commencement Information

I1 Reg. 36 in force at 1.12.2022, see reg. 1(b)

Extension of right to apply for review E+W

37.—(1) This regulation applies if the Commissioners notify a person of a matter mentioned in regulation 36(1).

(2) The person may apply to the Commissioners for an extension of their right to apply for a review.

(3) The application must—

(a) be made within seven months of the day on which the notification is made,

(b) be in the form and manner specified under paragraph (6) (if any), and

(c) include the applicant’s reasons why it is, or was, not practicable for the person to apply for the review within 30 days of the day on which the notification is made.

(4) The Commissioners may—

(a) grant the application if they are satisfied—

(i) it is (or was) not practicable due to special circumstances for the person to apply for the review within 30 days of the day on which the notification is made, and

(ii) the granting of the application is reasonable in all the circumstances of the case, or

(b) decline the application.

(5) If the Commissioners—

(a) grant the application, they must—

(i) specify a date on or before which the applicant must apply for the review, and

(ii) notify the applicant of that date;

(b) decline the application—

(i) they must notify the applicant, and

(ii) the applicant must not make any further application in respect of the matter.

(6) The Commissioners may specify—

(a) the form of the application, and

(b) the manner in which the application is made.

Commencement Information

I2 Reg. 37 in force at 1.12.2022, see reg. 1(b)

Review procedure E+W

38.—(1) This regulation applies if a person (“ the applicant”) makes an application for a review.

(2) The Commissioners must—

(a) review (as the case may be)—

(i) the decision to decline to make a determination as to whether a child is a qualifying child of working parents,

(ii) the determination as to whether a child is a qualifying child of working parents, or

(iii) the imposition of the penalty or its amount, and

(b) complete the review—

(i) if no request under paragraph (3) is made, within 30 days of the day on which the application is made,

(ii) if a request under paragraph (3) is made, within 44 days of the day on which the application is made, or

(iii) within any other period agreed between the Commissioners and the applicant.

(3) The Commissioners may ask the applicant to provide further information or evidence in support of their application.

(4) If the Commissioners ask for further information or evidence, the Commissioners—

(a) must consider any information or evidence the applicant provides to the Commissioners within 14 days of the day on which the request is made, and

(b) may disregard any information or evidence provided after that period.

(5) Following the review, the Commissioners must—

(a) confirm, revise or set aside (as the case may be)—

(i) the decision,

(ii) the determination, or

(iii) the penalty or its amount, and

(b) notify the applicant of the result of the review.

(6) If the Commissioners revise a determination to determine that a child is a qualifying child of working parents, the date of the determination is the date on which the determination is revised.

Commencement Information

I3 Reg. 38 in force at 1.12.2022, see reg. 1(b)

Appeals E+W

Right to appeal following review E+W

39.—(1) This regulation applies if a person makes an application to the Commissioners for a review of—

(a) a decision to decline to make a determination as to whether a child is a qualifying child of working parents,

(b) a determination as to whether a child is a qualifying child of working parents, or

(c) a penalty or its amount.

(2) Following the review, the person may appeal to the First-tier Tribunal(1) against (as the case may be)—

(a) the decision (see regulation 40),

(b) the determination (see regulation 41), or

(c) the penalty or its amount (see regulation 42).

Commencement Information

I4 Reg. 39 in force at 1.12.2022, see reg. 1(b)

Appeal against decision to decline to make a determination E+W

40.—(1) This regulation applies if a person appeals to the First-tier Tribunal against a decision to decline to make a determination as to whether a child is a qualifying child of working parents.

(2) The Tribunal may—

(a) confirm the decision, or

(b) set aside the decision.

(3) If the Tribunal sets aside the decision, the Commissioners must comply with regulation 22(2) in respect of the declaration (which requires a determination as to whether a child is a qualifying child of working parents).

Commencement Information

I5 Reg. 40 in force at 1.12.2022, see reg. 1(b)

Appeal against determination as to qualifying child of working parents E+W

41.—(1) This regulation applies if a person appeals to the First-tier Tribunal against a determination as to whether a child is a qualifying child of working parents.

(2) The Tribunal may—

(a) confirm the determination, or

(b) withdraw any part of the determination the Tribunal finds was—

(i) based on an error in fact, or

(ii) wrong in law.

(3) If the Tribunal withdraws a part of the determination—

(a) it must for that part substitute its own determination, and

(b) the substituted determination is to be treated as if it were a determination made by the Commissioners or the responsible local authority (as the case may be) on the date of the notice that states the Tribunal’s decision(2).

Commencement Information

I6 Reg. 41 in force at 1.12.2022, see reg. 1(b)

Appeal against imposition of penalty or amount E+W

42.—(1) This regulation applies if a person appeals to the First-tier Tribunal against the imposition of a penalty or its amount.

(2) The Tribunal may—

(a) uphold the imposition of the penalty,

(b) set aside the penalty, or

(c) substitute the amount of the penalty with an amount the Tribunal determines.

Commencement Information

I7 Reg. 42 in force at 1.12.2022, see reg. 1(b)

Power to settle appeals by agreement E+W

43.—(1) This regulation applies if—

(a) a person has a right of appeal to the First-tier Tribunal (see regulation 39),

(b) the person starts proceedings in the Tribunal (by sending or delivering a notice of appeal to it), and

(c) the Tribunal has not finally disposed of all issues in the proceedings.

(2) The Commissioners may agree with the appellant, in writing or otherwise, that the Commissioners’ decision, determination or penalty or its amount (as the case may be) is to be treated as—

(a) upheld without variation,

(b) as varied in a particular manner, or

(c) as discharged or cancelled.

(3) If the agreement is not in writing, the Commissioners must notify the appellant in writing of—

(a) the fact that an agreement was made,

(b) the terms agreed,

(c) the date of the agreement, and

(d) the appellant’s right under paragraph (4) to repudiate or resile from the agreement.

(4) The appellant may, within 30 days of the day on which the agreement is made, give notice to the Commissioners that the appellant desires to repudiate or resile from the agreement.

(5) If the notice mentioned in paragraph (4) is not given—

(a) the Commissioners must send notice of the agreement to the First-tier Tribunal, and

(b) the Tribunal must treat the notice as if it were a request for a consent order.

(6) In this regulation—

“appellant” means the person mentioned in paragraph (1);

“consent order” means a consent order made by the First-tier Tribunal under rule 32 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008(3);

Commencement Information

I8 Reg. 43 in force at 1.12.2022, see reg. 1(b)

(1)

An appellant must start proceedings by sending or delivering a notice of appeal to the First-tier Tribunal (see rule 22 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008).

(2)

The First-tier Tribunal will send to the parties to the appeal a decision notice as soon as reasonably practicable after making its decision (see rule 33(2)(a) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008).

(3)

S.I. 2008/2685, amended by S.I. 2009/274, 1975, 2010/43, 2653, 2011/651, 2012/500, 2007, 2785, 2013/477, 2067, 2014/514, 2128, 2015/1510, 2018/1053 and 2020/651.