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.