The Protection Of Children And Vulnerable Adults And Care Standards Tribunal Regulations 2002

(SI 2002 No. 816)

These Regulations make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act (c.14). The jurisdiction of the Tribunal has been extended by the Care Standards Act 2000 (“the 2000 Act”) (c.14). These Regulations make provision for the conduct of proceedings of the Tribunal under Part II of the 2000 Act, section 79M of the Children Act 1989, section 65A of the Children Act 1989, section 4 of the 1999 Act, regulation 13 of the Education (Restriction of Employment) Regulations 2000 and section 86 of the 2000 Act. They come into force on 1st April 2002.

Part II makes provision as to the constitution of the Tribunal, in respect of the powers and functions which may be exercised by the President and the Secretary (regulation 2) and the requirements for membership of the lay panel (regulation 3).

Part III refers, for each type of appeal, determination and application for leave to the relevant Schedule to the Regulations which sets out the procedural steps to be followed by the parties (regulation 4).

Part IV makes provision about case management. These provisions deal with the appointment of the Tribunal (regulation 5), the giving of directions (Regulation 6), the fixing and notification of the appeal hearing (Regulation 7), multiple appeals which enables the President to direct that certain appeals be heard together (Regulation 8) and further directions (Regulation 9). This Part also provides for the Tribunal to be able to make unless orders (Regulation 10), copies of documents (Regulation 11), disclosure of information and documents including the power to order persons who are not parties to the appeal to disclose documents to the Tribunal (Regulation 12), the appointment of expert witnesses by the Tribunal (Regulation 13), evidence of witnesses (Regulation 14), withholding medical reports from disclosure in exceptional circumstances (Regulation 15), the summoning of witnesses (Regulation 16), the procedure for child and vulnerable adult witnesses (Regulation 17), restricted reporting orders (Regulation 18) and exclusion of the press or public from the appeal hearing (Regulation 19).

Part V makes provision for the procedure at the hearing. Part VI makes provision about the way in which decisions are given and communicated to the parties to the appeal (regulation 23), the award of costs (regulation 24), the right of the appellant to ask the Tribunal to review its own decision (regulation 25), the powers of the Tribunal on review (regulation 26) and the publication of the decision (regulation 27).