Guidance

How to appeal: guidance for childcare providers

Updated 23 November 2021

Applies to England

What is an appeal?

You have a right to appeal against the effect of a magistrate’s order, or against our decision to take certain steps. We set out these steps in a written notice that is either called a notice of decision or a notice of suspension. The appeal is your opportunity to explain to an independent body why you believe that the magistrate’s order or our decision is wrong.

You can appeal against a magistrate’s order that:

• varies, imposes, or removes conditions of your registration
• cancels your registration

You can appeal against our decision to:

• cancel your registration
• refuse your application to register as a provider of childcare
• refuse your application for approval to add additional premises to your existing registration
• refuse your request to vary or remove conditions applying to your registration
• refuse your application to ‘waive’ your disqualification from providing childcare
• suspend, or continue to suspend, your childcare registration
• change the conditions that apply to your registration, which may include adding new conditions, or varying or removing existing ones (conditions can restrict or allow you to operate in a particular way, such as limiting the number of children you can care for due to health reasons, or allowing you to provide care overnight)

You can only appeal against a notice of decision or notice of suspension. If you have received a notice of intention, you cannot make an appeal if you disagree with our intent, but you can raise an objection instead. If you wish to make an objection, please refer to our guidance How to object: guidance for childcare providers.

Who do I appeal to?

You can appeal to the First-tier Tribunal (Care Standards) (‘the Tribunal’), which considers appeals against our decisions or against the effect of a magistrate’s order. The Tribunal is an independent body that has the power to change our decisions, or the effect of a magistrate’s order.

How do I appeal?

To appeal, you must complete an application form, which you can obtain from the Tribunal website. You must send the completed form to the Tribunal, together with a copy of our decision, within:

• 3 months, after service of our notice of decision to refuse registration as a childminder, childcare provider or childminder agency
• 10 working days, after service of our notice of suspension of registration as a childminder or childcare provider
• 28 days, in all other cases

For information on the appeals process, please refer to the Tribunal’s guidance.

The Tribunal will usually decide to either:

• uphold your appeal, or
• dismiss your appeal

The Tribunal has other powers, which include the powers to ‘strike out’ an appeal or issue a consent order.

What happens while the Tribunal considers my appeal?

If you appeal against a decision to impose a new condition on your registration, to vary or remove any condition imposed on your registration, or to cancel your registration, the law allows you to continue to provide care until the Tribunal has reached its decision about your appeal.

If your appeal is against suspension of your registration, you cannot provide care in the period while you are waiting for the Tribunal to consider your appeal.

What happens if the Tribunal upholds my appeal?

If the Tribunal upholds your appeal, this means that it agrees that our decision should not stand, or that a magistrate’s order is inappropriate. The Tribunal’s decision will apply immediately. However, it can:

• place conditions on your registration
• remove a condition from your registration
• change the conditions that apply to your registration
• keep the existing conditions

We will write to confirm the Tribunal has made a decision and what this means for you. If the Tribunal has changed, added, or removed conditions that apply to your registration, we will send you a new certificate of registration that reflects the Tribunal’s decision.

What happens if the Tribunal dismisses my appeal?

If the Tribunal dismisses your appeal, this means that it supports our decision or agrees with the magistrate’s order. This means that our decision will apply immediately, or that the effect of the magistrate’s order continues.

For example, if your appeal is against our decision to cancel your registration and the Tribunal dismisses your appeal, you must immediately stop providing the care for which you are registered. If your appeal is against the suspension of your registration and the Tribunal dismisses your appeal, you cannot resume providing care until the suspension end date, as stated in the notice of suspension.

We will write to confirm that the Tribunal has made a decision and what this means for you.

You may have the right to either request a review of the Tribunal’s decision, or to make an appeal against the Tribunal’s decision. You should contact the secretary of the Tribunal for more information if this is not covered in the Tribunal’s guidance.

You may find it helpful to speak to a solicitor for advice.