Citation and commencement

1. These Regulations may be cited as the Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 21st July 2008.

Amendment of the Care Tribunal Regulations (Northern Ireland) 2005

2.–(1) The Care Tribunal Regulations (Northern Ireland) 2005(2) shall be amended in accordance with paragraph (2).

(2) In regulation 1(2)–

(a) after the definition of "the 1986 Order" insert–

""the 2007 Order" means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(3);

"the 2008 Order" means the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008(4);"

(b) after the definition of the "the 2001 Act" insert–

""the adults´ barred list" has the same meaning as in Article 2(2) of the 2007 Order;

"the children´s barred list" has the same meaning as in Article 2(2) of the 2007 Order;"

(c) in the definition of "application for leave" immediately after the word "means" insert "except in cases to which regulation 4(7) applies,"

(d) at the end of the definition of "case" insert new sub-paragraph–

"(i) an appeal pursuant to Articles 3(6) or 5(6) of the 2008 Order, or under Article 8(1)(b) of the 2007 Order, pursuant to Article 4(2) of the 2008 Order;"

(e) in the definition of "HSS Board" insert "Social" before the first reference to "Services".

(f) at the end of the definition of "the respondent" insert new sub-paragraph–

"(g) in relation to an application for leave to appeal in a case to which regulation 4(7) applies, or an appeal under–

(i) Article 3(6) or 5(6) of the 2008 Order; or

(ii) Article 8(1)(b) of the 2008 Order, pursuant to Article 4(2) of the 2008 Order,

the Independent Barring Board;"

(g) after the definition of "school" insert–

""sensitive witness" means, in relation to Schedule 7 only, an adult witness where the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with giving evidence in the case;""

(h) for the definition of "vulnerable adult" substitute–

""vulnerable adult" in relation to–

(3) In regulation 4 insert after paragraph (6)–

"(7) In the case of an application for leave to appeal under Article 8(4) of the 2007 Order against a decision–

(a) not to remove the applicant from the children´s barred list, in a case to which Article 3(6) of the 2008 Order applies;

(b) not to remove the applicant from the adults´ barred list, in a case to which Article 5 (6) of the 2008 Order applies; or

(c) under Article 8(1)(b) of the 2007 Order, to include the applicant in the children´s barred list pursuant to Article 4(2) of the 2008 Order,

the procedure set out in Schedule 7 shall apply.".

(4) In regulation 6(1) after "possible" insert "after leave has been granted under paragraph 4 or 5 of Schedule 7, or".

(5) In regulation 18 after all references to "vulnerable adult" add "or sensitive witness", after all references to "vulnerable adults" add "or sensitive witnesses", and for all references to "the vulnerable adult´s welfare" substitute "the welfare of a vulnerable adult or sensitive witness".

(6) In regulation 18(6) after "such" add "reasonable".

(7) In regulation 26(5)(a) for "the Care Tribunal" substitute "the Secretary".

(8) In regulation 29(1) and (2) for "the Care Tribunal" substitute "the Secretary".

(9) In regulation 34(1) and (2) for the first reference to "the Care Tribunal" substitute "the Secretary".

(10) After Schedule 6 insert–

Regulation 4(7)

"SCHEDULE 7 APPLICATIONS FOR LEAVE TO APPEAL UNDER ARTICLE 8(4) OF THE SAFEGUARDING VULNERABLE GROUPS (NORTHERN IRELAND) ORDER 2007

Applying for leave to appeal

1.–(1) An application to the Care Tribunal under Article 8(4) of the 2007 Order against a decision–

(a) not to remove the applicant from the children´s barred list in a case to which Article 3(6) of the 2008 Order applies;

(b) not to remove the applicant from the adults´ barred list in a case to which Article 5(6) of the 2008 Order applies; or

(c) under Article 8(1)(b) of the 2007 Order, to include the applicant in the children´s barred list pursuant to Article 4(2) of the 2008 Order,

must be made in writing to the Secretary and 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 that decision.

(2) An application under this paragraph may be made on the application form available from the Secretary.

(3) 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 application falls within sub-paragraph (1)(a), (b) or (c);

(c) indicate the grounds upon which the applicant wishes to appeal;

(d) give details of any new evidence since the decision was made which might lead the Care Tribunal to a different decision;

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

(f) give an address within the United Kingdom to which the Secretary should send documents concerning the appeal and application for leave;

(g) give, where these are available, the applicant´s telephone number, fax number and e-mail address and those of the applicant´s representative (if any); and

(h) be signed and dated by the applicant.

Acknowledgement and notification of application

2.–(1) On receiving an application under paragraph 1, the Secretary shall–

(a) immediately send an acknowledgement of its receipt to the applicant; and

(b) subject to the following provisions of this paragraph, enter particulars of the application and the date of its receipt in the records.

(2) If the Chairman is of the opinion that the applicant is asking the Care Tribunal to do something which it cannot do, he may notify the applicant in writing–

(a) of the reasons for his opinion; and

(b) that the application will not be entered in the records unless within 5 working days the applicant notifies the Chairman in writing that he wishes to proceed with it.

(3) If in the Secretary´s opinion there is an obvious error in the application–

(a) he may correct it;

(b) he shall notify the applicant accordingly; and

(c) unless within 5 working days of receipt of the notification under sub-paragrah (3) (b) of this sub-paragraph the applicant notifies the Secretary in writing that he objects to the correction, the application shall be amended accordingly.

Response to application

3.–(1) The Secretary must send information provided by the applicant under paragraph 1 to the respondent together with a request that it respond to the application within 20 working days of receiving it.

(2) If the respondent fails to respond as requested, it shall not be entitled to take any further part in the proceedings.

(3) The response must–

(a) indicate whether or not the respondent opposes the application for leave to appeal, and if it does, why; and

(b) provide the following information and documents–

(i) the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the application to the representative rather than to the respondent;

(ii) a copy of the letter informing the applicant of the decision which is the subject of the application for leave and appeal;

(iii) copies of any observations submitted by the applicant in relation to the decision; and

(iv) copies of any evidence, including expert evidence, relied on by the respondent in making the decision.

(4) The Secretary must send to the applicant a copy of the response and the information and documents provided with it (subject, in the case of any material provided in accordance with sub-paragraph (3)(b)(iv), to any direction of the Chairman under regulation 6).

Grant or refusal of leave

4.–(1) The Chairman shall grant or refuse an application for leave to appeal under paragraph 1 without a hearing, as he sees fit.

(2) Subject to paragraph 5, if the Chairman refuses leave the application shall be dismissed.

(3) The Secretary must, without delay, notify the parties in writing of the Chairman´s decision, and if he has refused leave–

(a) must notify them of his reasons for doing so; and

(b) must inform the applicant of his right to request a reconsideration of the decision under paragraph 5.

Reconsideration of refusal to grant leave to appeal

5.–(1) Where, pursuant to paragraph 4, the Chairman has refused leave to appeal, the applicant may apply to the Chairman requesting a reconsideration of that decision.

(2) An application under this paragraph must be received by the Secretary within 10 working days after receipt of a notice under paragraph 4(3), and must be in writing.

(3) Upon receipt of such an application, the Chairman must reconsider the decision to refuse leave.

(4) If, in his application under sub-paragraph (1), the applicant has asked to make representations about leave at a hearing, the Secretary must fix a hearing for those representations to be heard.

(5) The Secretary must notify the respondent of any hearing fixed for the purpose of considering whether to grant leave, and the applicant and the respondent may appear or be represented by any person at that hearing.

(6) If the Chairman again refuses leave after reconsideration–

(a) he must give his reasons for doing so in writing; and

(b) the Secretary must send to the parties a copy of the Chairman´s decision together with his reasons for refusing leave.".

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Care Tribunal Regulations (Northern Ireland) 2005 in order to make provision about the proceedings of the Care Tribunal under Article 8 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007. They also correct some drafting defects. The appeals in question are appeals against–

– decisions made by the Independent Barring Board ("IBB") not to remove a person from the children´s barred list or the adults´ barred list pursuant to Article 3(6) or 5(6) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 ("the 2008 Order"); or

– decisions by IBB, under Article 8(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, to include a person in the children´s barred list pursuant to Article 4(2) of the 2008 Order.

Schedule 7 makes provision as to applying for leave to appeal, acknowledgment and receipt of notification, response to applications, grant or refusal of leave and reconsideration of leave.