The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (S.I. 2002/816) (“the Tribunal Regulations”). The Tribunal Regulations make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 (“the 1999 Act”) (c.14). The jurisdiction of the Tribunal has been extended by the Care Standards Act 2000 (“the 2000 Act”) (c.14).

These Regulations amend the Tribunal Regulations so as to make provision for the conduct of the following appeals to the Tribunal—

• appeals (“Part IV appeals”) under section 68 of the 2000 Act, against decisions of the General Social Care Council and the Care Council for Wales in respect of registration under Part IV of the 2000 Act;

• appeals (“suspension appeals”) under regulation 8(1) of the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003, against decisions of Her Majesty’s Chief Inspector of Schools in England—

  • to suspend the registration, under Part XA of the Children Act 1989, of a person acting as a child minder or providing day care; or

  • to refuse to lift the suspension of such registration.

Part XA was inserted in the Children Act 1989 by section 79 of the Care Standards Act 2000.

The amendments made by these Regulations relate in particular to the procedure for the appeals. Regulation 10 and the Schedule add two new Schedules to the Tribunal Regulations, in respect of Part IV appeals and suspension appeals respectively. The two new Schedules make provision in respect of the documents which the applicant must send to the Tribunal in order to initiate an appeal, the procedure for the Secretary to follow when an appeal is made, information which the respondent must send to the Tribunal, and the provision of further information by both parties.

The Regulations amend the Tribunal Regulations, for the purposes of suspension appeals, with respect to the giving of directions by the President or nominated chairman (regulation 5), the fixing and notification of the appeal hearing (regulation 6) and multiple appeals (regulation 7).

Regulations 2, 3, 4, 8 and 9 make minor consequential amendments.