Search Legislation

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

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 3Proceedings before the Tribunal other than in mental health cases

CHAPTER 1Before the hearing

Application of Part 3

18.  This Part does not apply to mental health cases.

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.

The application notice

20.  (1)  If rule 19 (application for leave) does not apply, an applicant must start proceedings before the Tribunal by sending or delivering an application notice to the Tribunal so that it is received—

(a)if a time for providing the application notice is specified in the Schedule to these Rules (time limits for providing application notices and responses), within that time; or

(b)otherwise, within 28 days after notice of the act or decision to which the proceedings relate was sent to the applicant.

(2) The application notice must be signed by the applicant and must include—

(a)the name and address of the applicant;

(b)the name and address of the applicant’s representative (if any);

(c)an address where documents for the applicant may be sent or delivered;

(d)the name and address of any respondent;

(e)details of the decision or act, or failure to decide or act, to which the proceedings relate;

(f)the result the applicant is seeking;

(g)the grounds on which the applicant relies; and

(h)any further information or documents required by an applicable practice direction.

(3) The applicant must send with the application notice a copy of any written record of any decision under challenge, and any statement of reasons for that decision that the applicant has or can reasonably obtain.

(4) If the applicant provides the application notice to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time)—

(a)the application notice must include a request for an extension of time and the reason why the application notice was not provided in time; and

(b)unless the Tribunal extends time for the application notice under rule 5(3)(a) (power to extend time) the Tribunal must not admit the application notice.

(5) In proceedings under Suspension Regulations, the applicant must send or deliver a copy of the application notice and any accompanying documents to the respondent at the same time as it provides the application notice to the Tribunal.

(6) In proceedings other than proceedings under paragraph (5), when the Tribunal receives the application notice it must send a copy of the application notice and any accompanying documents to each other party.

The response

21.  (1)  When a respondent receives a copy of the application notice, the respondent must send or deliver to the Tribunal a response so that it is received—

(a)if a time for providing the response is specified in the Schedule to these Rules (time limits for providing application notices and responses), within that time;

(b)otherwise, within 21 days after the date on which the respondent received the application notice.

(2) The response must include—

(a)the name and address of the respondent;

(b)the name and address of the respondent’s representative (if any);

(c)an address where documents for the respondent may be sent or delivered;

(d)a statement as to whether the respondent opposes the applicant’s case and, if so, any grounds for such opposition which are not contained in another document provided with the response;

(e)in a special educational needs case, the views of the child about the issues raised by the proceedings, or the reason why the respondent has not ascertained those views; and

(f)any further information or documents required by an applicable practice direction or direction.

(3) The response may include a statement as to whether the respondent would be content for the case to be dealt with without a hearing if the Tribunal considers it appropriate.

(4) If the respondent provides the response to the Tribunal later than the time required by paragraph (1) or by any extension of time under rule 5(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the response was not provided in time.

(5) The respondent must send or deliver a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

Order that a school be regarded as not registered pending determination of an appeal

22.  (1)  This rule sets out the procedure for the making of an order under section 166(5) of the Education Act 2002(4) that a school is to be regarded as not registered for the purposes of section 159 of that Act until the Tribunal determines an appeal under section 165(2) of that Act (decision to remove an independent school from the register).

(2) In this rule—

(a)“the applicant” means the applicant bringing the appeal under section 165(2) of the Education Act 2002; and

(b)“the respondent” means the respondent to that appeal.

(3) The respondent must make any application for an order under this rule in writing and must send or deliver it to the Tribunal and the applicant so that it is received within 28 days after the date on which the respondent received a copy of the application notice starting the appeal.

(4) An application under paragraph (3) must—

(a)be signed by the respondent and dated;

(b)state the grounds for the application;

(c)state the nature of the evidence that will be provided in support of the application and the names of the witnesses who will give that evidence;

(d)specify any working days in the following 30 days when the respondent or a witness named under sub-paragraph (c) would not be available to attend a hearing, and provide reasons why they would not be available; and

(e)include, so far as practicable, any documentary evidence (including witness statements) that the respondent intends to rely on.

(5) The applicant must send or deliver a written response to the application under paragraph (3) to the Tribunal and the respondent so that it is received within 16 days after the date on which the respondent sent that application to the applicant under paragraph (3).

(6) The response must—

(a)acknowledge receipt of the application and any documentary evidence included with it;

(b)state whether the applicant requests that the application be decided at a hearing, and if so—

(i)state the nature of the evidence that will be provided in support of the applicant’s case and the names of the witnesses who will give that evidence; and

(ii)specify any working days in the following 16 days when the applicant or a witness named under sub-paragraph (b)(i) would not be available to attend a hearing, and provide reasons why they would not be available; and

(c)include, so far as practicable, any documentary evidence (including witness statements) that the applicant intends to rely on.

(7) If the applicant fails to comply with paragraph (5) the applicant will not be entitled to take any further part in the proceedings in relation to the application.

(8) If the applicant complies with paragraph (5) and requests that the application be decided at a hearing, the Tribunal must hold a hearing to consider the application.

(9) Any hearing to consider the making of an order must be held as soon as reasonably practicable, and if the respondent has applied for such an order any such hearing must be held no later than the earlier of—

(a)14 days after the date on which the Tribunal received the applicant’s response to the application; or

(b)30 days after the date on which the respondent sent the application to the applicant.

(10) If the Tribunal is considering whether to make an order on its own initiative, the Tribunal—

(a)may not do so without giving the applicant an opportunity to make representations at a hearing in relation to the making of the order;

(b)must give directions as to the provision to the Tribunal by the parties of documents or evidence that the parties wish to be taken into account.

CHAPTER 2Hearings

Decision with or without a hearing

23.  (1)  Subject to paragraphs (2) and (3), the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

(a)each party has consented to the matter being decided without a hearing; and

(b)the Tribunal considers that it is able to decide the matter without the hearing.

(2) This rule does not apply to a decision under Part 5.

(3) The Tribunal may dispose of proceedings without a hearing under rule 8 (striking out a party’s case).

Entitlement to attend a hearing

24.  Subject to rules 22(7) (exclusion of applicant from proceedings to consider an order under section 166(5) of the Education Act 2002) and 26(5) (exclusion of a person from a hearing)—

(a)each party is entitled to attend a hearing; and

(b)in a special educational needs case, or a disability discrimination in schools case, the child is entitled to attend a hearing, and the Tribunal may permit the child to give evidence and to address the Tribunal.

Notice of hearings

25.  (1)  The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.

(2) The period of notice under paragraph (1) must be at least 14 days, except that—

(a)in proceedings under Suspension Regulations the period of notice must be at least 3 working days;

(b)the period of notice in respect of a hearing to consider the making of an order under section 166(5) of the Education Act 2002 must be at least 7 days; and

(c)the Tribunal may give shorter notice—

(i)with the parties’ consent; or

(ii)in urgent or exceptional circumstances.

Public and private hearings

26.  (1)  Subject to the following paragraphs, all hearings must be held in public.

(2) Hearings in special educational needs cases and disability discrimination in schools cases must be held in private unless the Tribunal considers that it is in the interests of justice for a hearing to be held in public.

(3) Subject to paragraph (2), the Tribunal may give a direction that a hearing, or part of it, is to be held in private.

(4) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(5) The Tribunal may give a direction excluding from any hearing, or part of it—

(a)any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b)any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c)any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm);

(d)any person where the purpose of the hearing would be defeated by the attendance of that person; or

(e)in a special educational needs case or a disability discrimination in schools case, the child, if the Tribunal considers that the child’s presence at the hearing would be adverse to the child’s interests.

(6) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Hearings in a party’s absence

27.  If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a)is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b)considers that it is in the interests of justice to proceed with the hearing.

Power to pay allowances

28.  The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at hearings as the Secretary of State may determine.

CHAPTER 3Decisions

Consent orders

29.  (1)  The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.

Decisions

30.  (1)  The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 14(2) (withholding information likely to cause harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings (except a decision under Part 5)—

(a)a decision notice stating the Tribunal’s decision;

(b)written reasons for the decision; and

(c)notification of any rights of review or appeal against the decision and the time within which, and the manner in which, such rights of review or appeal may be exercised.

(3) In proceedings under Suspension Regulations, the documents and information referred to in paragraph (2) must be provided at the hearing or sent within 3 working days after the hearing.

(4) The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources