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The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

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Review of the Tribunal’s decision

25.—(1) A party may apply to the President for the Tribunal’s decision to be reviewed on the grounds that—

(a)it was wrongly made as a result of an error on the part of the Tribunal staff;

(b)a party, who was entitled to be heard at a hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or

(c)there was an obvious error in the decision.

(2) An application under this regulation must—

(a)be made not later than ten working days after the date on which the decision was sent to the party applying for the Tribunal’s decision to be reviewed; and

(b)must be in writing stating the grounds in full.

(3) An application under this regulation may be refused by the President, or by the chairman of the Tribunal which decided the case, if in his opinion it has no reasonable prospect of success.

(4) Unless an application under this regulation is refused under paragraph (3), it shall be determined, after the parties have had an opportunity to be heard, by the Tribunal which decided the case or, where that is not practicable, by another Tribunal appointed by the President.

(5) The Tribunal may on its own initiative propose to review its decision on any of the grounds referred to in paragraph (1) above, in which case—

(a)the Secretary shall serve notice on the parties not later than ten working days after the date on which the decision was sent to them; and

(b)the parties shall have an opportunity to be heard.

(6) If, on the application of a party or on its own initiative the Tribunal is satisfied as to any of the grounds referred to in paragraph (1)—

(a)it shall order that the whole or a specified part of the decision be reviewed; and

(b)it may give directions to be complied with before or after the hearing of the review.

(7) The power to give directions under paragraph (6) includes a power to give a direction requiring a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.

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