SCHEDULES

SCHEDULE 8 Privately Fostered Children

Appeals

I1C18

1

A person aggrieved by—

a

a requirement imposed under paragraph 6;

b

a refusal of consent under section 68;

c

a prohibition imposed under section 69;

d

a refusal to cancel such a prohibition;

e

a refusal to make an exemption under paragraph 4 of Schedule 7;

f

a condition imposed in such an exemption; or

g

a variation or cancellation of such an exemption,

may appeal to the court.

2

The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.

3

Where the appeal is against—

a

a requirement imposed under paragraph 6;

b

a condition of an exemption imposed under paragraph 4 of Schedule 7; or

c

a variation or cancellation of such an exemption,

the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.

4

Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition—

a

vary the requirement, or allow more time for compliance with it; or

b

if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under paragraph 6 are complied with.

5

Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69.

6

Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may—

a

make an exemption;

b

impose a condition; or

c

vary the exemption.

7

Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.

8

Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—

a

a person who is, or would be if exempted under Schedule 7, a local authority foster parent; or

b

a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.