The Care Tribunal Regulations (Northern Ireland) 2005 No. 178

SCHEDULE 5 APPEALS AND APPLICATIONS FOR LEAVE UNDER ARTICLE 42 (APPLICATIONS AGAINST INCLUSION IN THE LIST) OF THE PROTECTION OF CHILDREN AND VULNERABLE ADULTS (NORTHERN IRELAND) ORDER 2003

Applying for leave to appeal

2.—(1) An application for leave –

(a) to appeal to the Care Tribunal under Article 42(1)(b) of the 2003 Order against a decision not to remove the applicant from the DWVA (NI) list under Article 35 of that Order; or

(b) to have the issue of the applicant’s inclusion in the DWVA (NI) list determined under Article 42 (2) of the 2003 Order by the Care Tribunal,

must be made in writing to the Secretary.

(2) An application under sub-paragraph (1)(a) must be received by the Secretary no later than the first working day after the expiry of three months from the date of the letter informing the applicant of the decision.

(3) An application under this paragraph may be made on the application form available from the Secretary to the Care Tribunal.

(4) An application under this paragraph must –

(a) give the applicant’s name, date of birth and full postal address;

(b) give sufficient information to make it clear whether the appeal falls within sub-paragraph (1)(a) or (b);

(c) give the reasons why the applicant believes the decision was wrong or, as the case may be, why he believes he should not be included in the DWVA (NI) list;

(d) give the dates of any previous appeal under Article 42 of the 2003 Order and (where applicable) application for leave, which the applicant has made to the Care Tribunal;

(e) give details of any new evidence or material change of circumstances since that appeal and (where applicable) application for leave was determined which might lead the Care Tribunal to a different decision;

(f) in the case of an application to have the issue of his inclusion in the DWVA (NI) list determined by the Care Tribunal, give details of any civil or criminal proceedings relating to the misconduct of which the applicant is alleged to have been guilty;

(g) give the name, address and profession of the person (if any) representing the applicant;

(h) give the address within the United Kingdom to which the Care Tribunal should send documents concerning the appeal and the application for leave;

(i) give, where these are available, the applicant’s telephone number, fax number and e-mail address and those of the applicant’s representative; and

(j) be signed and dated by the applicant.