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

Appeals

Right to appeal following review

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).

Appeal against decision to decline to make a determination

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).

Appeal against determination as to qualifying child of working parents

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).

Appeal against imposition of penalty or amount

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.

Power to settle appeals by agreement

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);

(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.