The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

Application for leave

19.—(1) This rule applies to applications for leave to bring proceedings under—

(a) section 4(1)(b) of the Protection of Children Act 1999(1) (appeal against a decision not to remove the applicant from the list kept under section 1 of that Act);

(b) section 4(2) of the Protection of Children Act 1999 (application to have the issue of the applicant’s inclusion in the list kept under section 1 of that Act determined by the Tribunal);

(c) section 86(1)(b) of the Care Standards Act 2000(2) (appeal against a decision not to remove the applicant from the list kept under section 81 of that Act);

(d) section 86(2) of the Care Standards Act 2000 (application to have the issue of the applicant’s inclusion in the list kept under section 81 of that Act determined by the Tribunal); and

(e) section 32 of the Criminal Justice and Court Services Act 2000(3) (application to have the issue of the continuation of a disqualification order determined by the Tribunal).

(2) An application to the Tribunal for leave must—

(a) give full reasons why the applicant considers that the Tribunal should give leave; and

(b) comply with paragraphs (1) to (4) of rule 20 (the application notice) as if the application for leave were an application notice.

(3) The Tribunal may make any directions it considers appropriate before determining the application for leave.

(4) The Tribunal must—

(a) notify the applicant of its decision in relation to the application for leave; and

(b) if it gives leave, give directions as to the future conduct of the proceedings.

(1)

1999 c.14.

(2)

2000 c.14.

(3)

2000 c.43.