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.