The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Appeals

8.—(1) An individual who is included in a barred list may appeal to the Care Tribunal against—

(a) a decision under paragraph 2 or 8 of Schedule 1 not to remove him from the list;

(b) a decision under paragraph 3, 5, 9 or 11 of that Schedule to include him in the list;

(c) a decision under paragraph 17 or 18 of that Schedule not to remove him from the list.

(2) An appeal under paragraph (1) may be made only on the grounds that IBB has made a mistake—

(a) on any point of law;

(b) in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.

(3) For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4) An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.

(5) Unless the Care Tribunal finds that IBB has made a mistake of law or fact, it must confirm the decision of IBB.

(6) If the Care Tribunal finds that IBB has made such a mistake it must—

(a) direct IBB to remove the person from the list, or

(b) remit the matter to IBB for a new decision.

(7) If the Care Tribunal remits a matter to IBB under paragraph (6)(b)—

(a) the Care Tribunal may set out any findings of fact which it has made (on which IBB must base its new decision); and

(b) the person must be removed from the list until IBB makes its new decision, unless the Care Tribunal directs otherwise.

(8) In this Article “the Care Tribunal” means the Tribunal established under Article 44 of the 2003 Order.