Regulation and Inspection of Social Care (Wales) Act 2016

Appeals to the tribunal

104 Appeals against decisions of a registration appeals panel

(1) This section applies where a registration appeals panel—

(a) makes a determination under section 98(1)(b) that an entry in the register should not be restored for a reason that relates to the person’s fitness to practise;

(b) directs under section 98(4) that a person may not make further applications for restoration to a part of the register, or confirms such a direction under section 99(2);

(c) makes a determination in respect of an application for restoration referred to it by virtue of rules made under section 100(2)(e) for a reason that relates to the person’s fitness to practice;

(d) makes a determination under section 103 in respect of an appeal against a decision of the registrar.

(2) The person to whom the panel’s decision relates may appeal against it to the tribunal.

(3) An appeal under this section must be brought before the end of the period of 28 days beginning with the date of the panel’s decision.

(4) But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(5) On an appeal under this section, the tribunal may—

(a) confirm the decision,

(b) substitute for the panel’s decision another decision which the panel could have made, or

(c) remit the case to SCW to dispose of in accordance with the directions of the tribunal.

105 Other appeals: decisions made under the General Systems Regulations

(1) This section applies where SCW has made a decision—

(a) under regulation 9(2) of the General Systems Regulations as to whether a person is providing services as a social worker in the United Kingdom on a temporary and occasional basis, or

(b) under Part 3 of those Regulations in respect of an aptitude test, or period of adaptation, in connection with a person’s becoming permitted, by virtue of that Part, to have access to, and to pursue, the profession of social worker in the United Kingdom.

(2) The person to whom the decision relates may appeal against it to the tribunal.

(3) An appeal under subsection (2) must be brought before the end of the period of 28 days beginning with the date the person was notified by SCW of the decision.

(4) But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of the period (and for any delay in applying for permission to appeal out of time).

(5) On an appeal under this section, the tribunal may—

(a) confirm the decision,

(b) substitute for the decision appealed against another decision that SCW could have made, or

(c) remit the case to SCW to dispose of in accordance with the directions of the tribunal.