The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

CHAPTER 2 Reviews and appeals of determinations

Rights to review and appeal a determination under regulation 17

20.  Where a person is notified of a determination under regulation 17, the notification must include details of the person’s right to apply for a review of the determination (in accordance with regulation 21) and to appeal against the determination (in accordance with regulation 23).

Reviewing a determination under regulation 17

21.—(1) A person who makes a declaration may apply for a review of a determination that the criteria in section 1(2)(b), (c) and (d) of the Act are not met in relation to the child.

(2) The application must be made—

(a) to the Commissioners; and

(b) either—

(i) within the period of 30 days beginning with the day on which the applicant was notified of the determination; or

(ii) if the period for making the application has been extended under regulation 22, within the extended period.

(3) The application must be made—

(a) in writing by electronic communications, and paragraphs (2) to (5) of regulation 14 apply as if for “declaration” wherever it appears there were substituted “application”; and

(b) in such form as may be specified by the Commissioners.

(4) The application must—

(a) contain sufficient information to identify the applicant and the determination; and

(b) set out the reasons for seeking a review of the determination.

(5) If an application for a review of a determination is made to the Commissioners in accordance with this regulation, the Commissioners must review the determination.

(6) On a review under this regulation, the Commissioners may—

(a) uphold the determination;

(b) substitute for the determination a determination that the criteria in section 1(2)(b), (c) and (d) of the Act are not met in relation to the child for a different reason; or

(c) substitute for the determination a determination that the criteria in section 1(2)(b), (c) and (d) of the Act are met in relation to the child.

(7) If the applicant makes any representations to the Commissioners at a stage which gives the Commissioners a reasonable opportunity to consider them, the Commissioners must take account of them when carrying out the review.

(8) Where—

(a) the Commissioners notify the applicant of further information or evidence which they may need for carrying out the review, and

(b) the information or evidence is not provided to them within the period of 15 days beginning with the day on which the notification was given,

the review may proceed without that information or evidence.

(9) The Commissioners must notify the applicant of the matters set out in paragraph (10) within—

(a) the period of 30 days beginning with the day on which the Commissioners received the application for the review;

(b) if the applicant has been given a notice under paragraph (8), the period of 45 days beginning with that day; or

(c) such other period as the applicant and the Commissioners may agree.

(10) The matters referred to in paragraph (9) are—

(a) the conclusion on the review and the reasons for the conclusion;

(b) if the conclusion is that the determination is upheld or is substituted for a determination that the criteria in section 1(2)(b), (c) and (d) of the Act are not met in relation to the child for a different reason, details of the person’s right to appeal against that determination.

(11) If the Commissioners do not comply with paragraph (9), the review is to be treated as having concluded that the determination is upheld and the Commissioners must notify the applicant of that conclusion.

Extension of time limit for applications for review

22.—(1) A person who wishes to make an application for a review of a determination under regulation 21 may apply to the Commissioners for an extension of the period for making the application.

(2) An application under this regulation—

(a) must be made before the end of the period of 6 months beginning with the day after the last day of the period mentioned in regulation 21(2)(b)(i) (“the standard period”);

(b) in such form as may be specified by the Commissioners;

(c) must be made by electronic communications and paragraphs (2) to (5) of regulation 14 apply as if for “declaration” wherever it appears there were substituted “application”; and

(d) must set out the reasons for seeking the extension.

(3) The Commissioners may grant an extension under this regulation if they are satisfied that—

(a) due to special circumstances, it was not practicable for the person to make the application under regulation 21 within the standard period, and

(b) it is reasonable in all the circumstances to grant the extension.

(4) If an application under this regulation is refused, it may not be renewed.

Appealing a determination under regulation 17

23.—(1) A person who makes a declaration may appeal against a determination that the criteria in section 1(2)(b), (c) and (d) of the Act are not met in relation to the child in respect of whom the declaration is made.

(2) But a person may not appeal under paragraph (1) unless—

(a) the person has applied under regulation 21 for a review of the determination; and

(b) the period applicable under regulation 21(9) has expired.

(3) An appeal under this regulation is an appeal to the Tribunal.

Powers of tribunal: appeals against determinations

24.—(1) This regulation applies where a person is appealing to the Tribunal under regulation 23 against a determination.

(2) The Tribunal may—

(a) uphold the determination; or

(b) quash the determination.

(3) The Tribunal may act as mentioned in paragraph (2)(b) only to the extent that it is satisfied that the determination was wrong on one or more of the following grounds—

(a) that the determination was based on an error of fact;

(b) that the determination was wrong in law.

(4) If the Tribunal quashes the determination, it must substitute its own determination for that of the Commissioners.