# The Care Tribunal Regulations (Northern Ireland) 2005, Regulation 18: Child and vulnerable adult witnesses

Extent: N.I.

(1) A child shall only give evidence in person where –
(a) the Chairman has given the parties an opportunity to make written representations before the hearing or representations at the hearing; and
(b) having regard to all the available evidence, and the representations of the parties, the Chairman considers that the welfare of the child will not be prejudiced by so doing.
(2) If he directs that a child shall give evidence in person, the Chairman shall –
(a) secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the child; and
(b) appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by children.
(3) Where the Chairman believes that it might not be in the best interests of a vulnerable adult or sensitive witnessfor the vulnerable adult or sensitive witness to give oral evidence to the Care Tribunal, the Chairman shall –
(a) give the parties the opportunity to make written representations before the hearing or representations at the hearing; and
(b) having regard to all the available evidence, including any written representations made by the parties consider whether it would prejudice the welfare of a vulnerable adult or sensitive witness to give oral evidence to the Care Tribunal –
(i) in any circumstances; or
(ii) otherwise than in accordance with paragraph (5).
(4) If the Chairman considers that –
(a) it would prejudice the welfare of a vulnerable adult or sensitive witness to give oral evidence to the Care Tribunal in any circumstances, he shall direct that the vulnerable adult or sensitive witnessshall not do so; or
(b) it would prejudice the welfare of a vulnerable adult or sensitive witness to give oral evidence to the Care Tribunal otherwise than in accordance with paragraph (5) he shall direct that paragraph (5) shall apply in relation to the vulnerable adult or sensitive witness .
(5) If he directs that this paragraph shall apply in relation to the vulnerable adult or sensitive witness, the Chairman shall –
(a) secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the vulnerable adult or sensitive witness; and
(b) appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by vulnerable adults or sensitive witnesses .
(6) The Chairman shall pay such reasonable fees as he may determine to any person appointed under this regulation.

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Source: https://www.legislation.gov.uk/nisr/2005/178/regulation/18 (the official version)
Page: https://openlegislation.uk/care-tribunal-regulations-northern-ireland-2005/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.