Regulation 26 Review of the Care Tribunal’s decisionI1

Northern Ireland

(1)

A party may apply to the Chairman for the Care Tribunal’s decision to be reviewed on the grounds that –

(a)

it was wrongly made as a result of an error on the part of the Care Tribunal staff;

(b)

a party, who was entitled to be heard at a hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or

(c)

there was an obvious error in the decision.

(2)

An application under this regulation must –

(a)

be made not later than ten working days after the date on which the decision was sent to the party applying for the Care Tribunal’s decision to be reviewed; and

(b)

must be in writing stating the grounds in full.

(3)

An application under this regulation may be refused by the Chairman of the Care Tribunal which decided the case, if in his opinion it has no reasonable prospect of success.

(4)

Unless an application under this regulation is refused under paragraph (3), it shall be determined, after the parties have had an opportunity to be heard, by the Care Tribunal which decided the case or, where that is not practicable, by another Care Tribunal.

(5)

The Care Tribunal may on its own initiative propose to review its decision on any of the grounds referred to in paragraph (1), in which case –

(a)

F1the Secretary shall serve notice on the parties not later than ten working days after the date on which the decision was sent to them; and

(b)

the parties shall have an opportunity to be heard.

(6)

If, on the application of a party or on its own initiative, the Care Tribunal is satisfied as to any of the grounds referred to in paragraph (1) –

(a)

it shall order that the whole or a specified part of the decision be reviewed; and

(b)

it may give directions to be complied with before or after the hearing of the review.

(7)

The power to give directions under paragraph (6) includes a power to give a direction requiring a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.

Annotations

Textual amendments

F1: Words in reg. 26(5)(a) substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(7)

Commencement

I1: Reg. 26 in operation at 1.4.2005, see reg. 1(1)