How to appeal if you're excluded, removed or suspended from a register to work with or care for children or vulnerable adults. Replaces T108 guidance.
Includes information from the withdrawn T108 guidance.
What you can appeal against
You can appeal to a tribunal if you’re:
- a child minder, carer or day care provider
- a social worker or social care worker in Wales
Or if you run:
- a children’s home
- a childminder agency
- a care home
- a residential family centre
- a care agency that visits people’s homes
- a nurses agency
- a fostering or voluntary adoption agency
- an independent hospital, clinic or medical agency
- a doctor’s or dentist’s practice
- an independent school
- licensed NHS services
You can also appeal against a health or education department decision to:
- include you on the protection of children or vulnerable adults lists
- ban you from teaching or working with children
Find out how to appeal against a Disclosure and Barring Service decision to add you to a banned list.
Your case will be dealt with by a tribunal known as the First-tier Tribunal (Care Standards).
The tribunal is independent of the government, and will listen to both sides of the argument before reaching its decision.
Time limits for appealing
You must appeal within a certain amount of time after the date of the decision.
|Organisation||Type of decision||Time limit|
|Care Quality Commission||any decision||28 days|
|Department for Education||independent school register: cancellation or conditions||28 days|
|Department for Education||independent school register: proposed order||28 days|
|Department for Education||protection of children list||3 months|
|Department of Health||protection of vulnerable adults list||3 months|
|Department of Health||barred from working with children||3 months|
|Monitor||licence to provide NHS services||28 days|
|Ofsted or Welsh Government||refusal to register||3 months|
|Ofsted or Welsh Government||cancelled registration||28 days|
|Ofsted||emergency suspension||10 days|
If you’ve missed the time limit, give as much detail as you can to explain why.
The tribunal will decide if your appeal can go ahead. It may not be able to consider your case if it’s late.
How to appeal
Care Standards Tribunal
HM Courts and Tribunals Service
Darlington Magistrates' Court
Telephone: 01325 289 350
Fax: 01264 785 013
You must complete the whole form and attach a copy of the decision you’re appealing against.
You can ask the tribunal:
- to carry out the hearing in Welsh (if you live in Wales)
- to provide an interpreter or signer at the hearing for you or a witness
You must also send a copy of the form to the regulator if your case is urgent, for example:
- your registration is suddenly cancelled or suspended
- emergency restrictions are placed on your independent school
You can find the correct address on the letter from the regulator.
These cases will be dealt with much faster than normal appeals.
Contact the tribunal if you do not know whether your case is an emergency.
Help and advice
You may be able to get advice from:
- Citizens Advice
- your trade union
- a professional association (such as the British Association of Social Workers)
The tribunal can help you fill in the application form, but cannot give you legal advice.
How the tribunal will decide your case
Once you’ve registered your appeal, the regulator must send its response to you and the tribunal within 20 days (or 3 days in emergency cases).
The tribunal will then arrange a conference call with you, the judge and the regulator. This is to discuss what you need to do before the hearing and is called a telephone case management hearing. The tribunal will send you instructions about how to prepare for and join the telephone hearing.
During the call, you’ll usually decide when to:
- exchange documents and witness statements
- put together the papers for the hearing (the ‘bundle’)
The tribunal will send you a guide to statements and bundles.
The judge will set a date and time for the hearing. The details will be added to the list of hearings.
You can also ask the judge any questions about the process, or what to expect at the hearing.
Asking for documents and witnesses
You can ask the tribunal to:
- issue a witness summons (if you want a witness to come to the hearing, but they refuse)
- make an order to get the regulator to give you relevant documents that support your case
People summonsed must have 14 days’ notice of the hearing. They may object to the summons.
If you ask for a witness to be summonsed and they ask you to pay their expenses to attend the hearing, you will have to meet this cost.
You can ask the judge to make a witness summons or an order:
- during the telephone hearing
- by sending a written request
The tribunal can order that parties do not disclose information if:
- it would identify someone who should not be identified
- it would likely cause serious harm
Asking for more time or to change a document
You can use Form T109 to ask a tribunal judge to:
- allow you to amend a document you’ve already provided
- give you more time to file a statement
- postpone or adjourn the hearing
- put the hearing on hold (‘stay’ proceedings)
You should say on the form why you’re asking for the change.
You should also send a copy of the form to the other party so they can give the judge their views as well.
The tribunal will try to hold the hearing at a court or tribunal building near your home address.
It will be attended by:
- a judge and 2 specialist members of the tribunal with professional experience
- a clerk or usher
- a lawyer from the regulator
- your lawyer or other representative (if you have one)
- witnesses for both parties
Members of the public can usually attend the hearing.
You’ll be given a chance to:
- present your case to the tribunal
- call witnesses to give evidence
- highlight any important points at the end
The tribunal will write to you explaining its decision within 10 days of the hearing.
Appeal against the decision
If you think the tribunal made a mistake in the way it interpreted or applied the law, you can ask for permission to appeal.
Get legal advice from a solicitor if you need help.
Find out more about appealing to the Upper Tribunal.
If you reach agreement with the other party
If you and the regulator come to an agreement before the end of the hearing, you can ask the tribunal to ‘dispose’ of the appeal.
If the tribunal agrees with your request, it will issue a ‘consent order’.
If the tribunal made a mistake
You can challenge the decision if there was a mistake in the way the tribunal handled the case (for example, you were not sent important documents).
To do this, fill in the application to set aside a decision form.
You must apply within 28 days of receiving the decision.
You can search the Care Standards Tribunal decisions database to find out how the tribunal decided previous cases.
If you do not want your or other people’s names to be published with the decision, you can ask the tribunal to make a ‘restricted reporting order’. You can ask for this:
- at the telephone hearing
- by writing to the judge
- by asking the panel at the hearing
Each party in the hearing usually pays their own costs.
If the tribunal considers that one party has acted unreasonably, it can order them to pay some or all of the other party’s expenses.
To complain about:
- how your appeal is or was handled by the tribunal’s administration, write to the Primary Health Lists Delivery Manager
- any members of the appeal panel, write to the Deputy Chamber President
- the Deputy Chamber President, write to the Chamber President
The address is in the How to appeal section.
Legislation and rules
Read detailed rules on how appeals are handled in the Health, Education and Social Care Chamber procedure rules.
You can find the right to appeal to the tribunal in the following acts and regulations:
- School Standards and Framework Act 1988
- Children Act 1989
- Protection of Children Act 1999
- Care Standards Act 2000
- Criminal Justice and Court Services Act 2000
- Education Act 2002
- Health and Social Care (Community Health and Standards) Act 2003
- The Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003
- The Education (Prohibition from Teaching or Working with Children) Regulations 2003
- The Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2004
- The Day Care and Child Minding (Disqualification) (England) Regulations 2005
- The Tax Credits (Approval of Home Child Care Providers) Scheme 2003