Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 20082
1
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 20083 are amended as follows.
2
After rule 5 (case management powers), insert—
Coronavirus temporary rule (decisions without a hearing)5A
1
Notwithstanding anything in rule 22 (order that a school be regarded as not registered pending determination of an appeal), rule 23 (decision with or without a hearing), rule 35 (restrictions on disposal of proceedings without a hearing) or rule 37 (time and place of hearings), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.
2
The conditions are—
a
the matter is urgent;
b
it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and
c
it is in the interests of justice to do so.
3
This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.
3
In rule 26 (public and private hearings), after paragraph (3), insert—
3A
Without prejudice to paragraph (3), the Tribunal may direct that a hearing, or part of it, is to be held in private if—
a
the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;
b
it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;
c
a media representative is not able to access the proceedings remotely while they are taking place; and
d
such a direction is necessary to secure the proper administration of justice.
4
After rule 26 (public and private hearings), insert—
Coronavirus temporary rule (recording of remote hearings)26A
1
In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.
2
Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.
3
The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—
a
held in private under rule 26(3A); or
b
only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.
5
In rule 37 (time and place of hearings)—
a
in paragraph (1)—
i
at the beginning, insert “Subject to paragraph (1A),”; and
ii
for “7”, substitute “10”;
b
after paragraph (1), insert—
1A
If the Tribunal considers that it is not reasonably practicable for a hearing to start within the period specified in paragraph (1), the hearing must start within such time as the Tribunal may direct.