PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 6APPEALS AND REFERRALS TO THE TRIBUNAL

I1158Appeals against decisions of a fitness to practise panel

1

This section applies where a fitness to practise panel—

a

having determined that a registered person's fitness to practise is impaired (“a finding of impairment”), makes a decision to take no further action under section 138(5);

b

following a finding of impairment, gives a warning under section 138(6);

c

following a finding of impairment, makes a conditional registration order under section 138(7);

d

following a finding of impairment, makes a suspension order under section 138(8);

e

following a finding of impairment, makes a removal order under section 138(9);

f

following a finding of impairment, makes a decision in a review case under section 152(8) (disposals following review of undertakings);

g

following a finding of impairment, makes a decision in a review case under section 153(6), (7) or (9) (disposals following review of conditional registration order);

h

following a finding of impairment, makes a decision in a review case under section 154(6), (7), (8) or (10) (disposals following review of suspension order);

i

makes a decision in a review case under section 155(9) or (10) (disposals following review of indefinite suspension order).

2

The person in respect of whom a decision of a kind listed in subsection (1) was made may appeal against the decision to the tribunal.

3

An appeal must be brought within the period of 28 days beginning with the day on which notice of the decision is given to the person concerned.

4

But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

5

On an appeal under this section, the tribunal may—

a

confirm the decision,

b

substitute for the decision appealed against another decision that the fitness to practise panel could have made, or

c

remit the case to SCW to dispose of in accordance with the directions of the tribunal.