Barring
AppealsI1C1C28
1
An individual who is included in a barred list may appeal to the Care Tribunal against—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a decision under paragraph 17 F5, 18 or 18A of that Schedule not to remove him from the list.
2
An appeal under paragraph (1) may be made only on the grounds that F6DBS has made a mistake—
a
on any point of law;
b
in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.
3
For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
4
An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.
5
6
If the Care Tribunal finds that F6DBS has made such a mistake it must—
a
direct F6DBS to remove the person from the list, or
b
remit the matter to F6DBS for a new decision.
7
If the Care Tribunal remits a matter to F6DBS under paragraph (6)(b)—
a
the Care Tribunal may set out any findings of fact which it has made (on which F6DBS must base its new decision); and
b
the person must be removed from the list until F6DBS makes its new decision, unless the Care Tribunal directs otherwise.
8
In this Article “the Care Tribunal” means the Tribunal established under Article 44 of the 2003 Order.