Regulation 12 Matters subject to concurrent considerationI1

England and Wales

(1)

A local authority must not consider, or further consider, a representation under these Regulations if—

(a)

it concerns any matter in relation to which—

(i)

the person making the representation has stated in writing to the local authority that they are taking or intend to take, proceedings in any court or tribunal;

(ii)

the local authority is taking or proposing to take disciplinary proceedings against any person;

(iii)

the local authority has been notified that criminal proceedings are pending; or

(iv)

civil proceedings (including section 31 Children Act 1989 proceedings) are contemplated; and

(b)

the local authority decides that consideration, or further consideration, of the representation under these Regulations would prejudice the conduct of the proceedings or investigation under this paragraph.

(2)

In this regulation, “disciplinary proceedings” means any procedure for disciplining employees adopted by a local authority.

(3)

Any proceedings or investigation falling under paragraph (1) is to be referred to as a “concurrent consideration” for the purposes of this regulation.

(4)

Where a local authority decides that it will not consider, or further consider, a representation in accordance with paragraph (1) the local authority must give notice in writing to the person making the representation explaining the reasons for their decision and specifying the relevant concurrent consideration.

(5)

Where the concurrent consideration specified in a notice under paragraph (4) has been discontinued or completed the person to whom the notice was given may resubmit to the local authority the representations to which the notice relates and, subject to paragraph (6), the local authority must consider them in accordance with regulations 15 to F122A.

(6)

Any person who resubmits a representation in accordance with paragraph (5) must do so no later than 6 months after the concurrent consideration is discontinued or completed and accordingly regulation 13(1) will not apply.

Annotations

Textual amendments

F1: Word in reg. 12(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 30(2)

Commencement

I1: Reg. 12 in force at 1.8.2014, see reg. 1(1)