Part 2: Child Minding and Day Care for Children

Section 37: Appeals

92.Section 31 provides for appeals to be made against the decisions of the Welsh Ministers to the First-tier Tribunal(2).

93.Subsection (1) allows an applicant for registration or (as the case may be) a registered person to appeal against a decision of the Welsh Ministers to refuse an application for registration, to impose, vary or remove conditions of registration, to refuse an application to vary or remove a condition, or to cancel registration.

94.Subsection (2) also allows for an appeal to the First-tier Tribunal by an applicant for registration or (as the case may be) a registered person in respect of a determination (other than one of the decisions in subsection (1)) which the Welsh Ministers specify in regulations. Appeals may also be made by a registered person against whom an order is made under section 34 (protection of children in an emergency: cancellation of registration) and a registered person who is given notice under section 35 (protection of children in an emergency: changes to conditions).

95.Subsections (3) and (4) set out the actions that may be taken by the First-tier Tribunal on appeal.

2

The First-tier Tribunal is divided into 5 different chambers. Appeals against decisions of a registration authority under these provisions are to the First-tier Tribunal’s Health, Education and Social Care Chamber.