The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
2008 No. 2699 (L. 16)
Tribunals And Inquiries, England And Wales
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
Made 9th October 2008
Laid before Parliament 15th October 2008
Coming into force 3rd November 2008
After consulting in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 20071, the Tribunal Procedure Committee has made the following Rules in exercise of the power conferred by sections 9(3), 22 and 29(3) and (4) of, and Schedule 5 to, that Act.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
PART 1
Introduction
Citation, commencement, application and interpretation
1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 and come into force on 3rd November 2008.
(2) These Rules apply to proceedings before the Tribunal which have been assigned to the Health, Education and Social Care Chamber by the First-tier Tribunal and Upper Tribunal (Chambers) Order 20082.
(3) In these Rules—
“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
“applicant” means a person who—
(a) starts Tribunal proceedings, whether by making an application, an appeal, a claim or a reference;
(b) makes an application to the Tribunal for leave to start such proceedings; or
(c) is substituted as an applicant under rule 9(1) (substitution and addition of parties);
“childcare provider” means a person who is a childminder or provides day care as defined in section 79A of the Children Act 19893, or a person who provides childcare as defined in section 18 of the Childcare Act 20064;
“disability discrimination in schools case” means proceedings concerning disability discrimination in the education of a child or related matters;
“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;
“document” means anything in which information is recorded in any form, and an obligation under these Rules or any practice direction or direction to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
“Health, Education and Social Care Chamber” means the Health, Education and Social Care Chamber of the First-tier Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008;
“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 19905;
“mental health case” means proceedings brought under the Mental Health Act 19836or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 19847;
“nearest relative” has the meaning set out in section 26 of the Mental Health Act 1983;
“party” means—
(a) in a mental health case, the patient, the responsible authority, the Secretary of State (if the patient is a restricted patient or in a reference under rule 32(8) (seeking approval under section 86 of the Mental Health Act 1983)), and any other person who starts a mental health case by making an application;
(b) in any other case, a person who is an applicant or respondent in proceedings before the Tribunal or, if the proceedings have been concluded, a person who was an applicant or respondent when the Tribunal finally disposed of all issues in the proceedings;
“patient” means the person who is the subject of a mental health case;
“practice direction” means a direction given under section 23 of the 2007 Act;
“respondent” means—
(a) in an appeal against an order made by a justice of the peace under section 79K of the Children Act 19898, section 20 of the Care Standards Act 20009or section 72 of the Childcare Act 2006, the person who applied to the justice of the peace for the order;
(b) in an appeal against any other decision, the person who made the decision;
(c) in proceedings on a claim under section 28I of the Disability Discrimination Act 199510, the body responsible for the school as determined in accordance with paragraph 1 of Schedule 4A to that Act or, if the claim concerns the residual duties of a local education authority under section 28F of that Act, that local education authority;
(d) in proceedings on an application under section 4(2) of the Protection of Children Act 199911or section 86(2) of the Care Standards Act 2000, the Secretary of State; or
(e) a person substituted or added as a respondent under rule 9 (substitution and addition of parties);
“responsible authority” means—
(a) in relation to a patient detained under the Mental Health Act 1983 in a hospital within the meaning of Part 2 of that Act, the managers (as defined in section 145 of that Act);
(b) in relation to a patient subject to guardianship, the responsible local social services authority (as defined in section 34(3) of the Mental Health Act 1983);
(c) in relation to a community patient, the managers of the responsible hospital (as defined in section 145 of the Mental Health Act 1983);
(d) in relation to a patient subject to after-care under supervision, the Primary Care Trust or Local Health Board which has the duty to provide after-care for the patient.
“restricted patient” has the meaning set out in section 79(1) of the Mental Health Act 1983;
“special educational needs case” means proceedings concerning the education of a child who has or may have special educational needs;
“Suspension Regulations” means regulations which provide for a right of appeal against a decision to suspend, or not to lift the suspension of, a person’s registration as a childcare provider;
“Tribunal” means the First-tier Tribunal;
“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 197112.
Overriding objective and parties’ obligation to co-operate with the Tribunal
2.—(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2) Dealing with a case fairly and justly includes—
(a)
(a) dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;
(b)
(b) avoiding unnecessary formality and seeking flexibility in the proceedings;
(c)
(c) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
(d)
(d) using any special expertise of the Tribunal effectively; and
(e)
(e) avoiding delay, so far as compatible with proper consideration of the issues.
(3) The Tribunal must seek to give effect to the overriding objective when it—
(a)
(a) exercises any power under these Rules; or
(b)
(b) interprets any rule or practice direction.
(4) Parties must—
(a)
(a) help the Tribunal to further the overriding objective; and
(b)
(b) co-operate with the Tribunal generally.
Alternative dispute resolution and arbitration
3.—(1) The Tribunal should seek, where appropriate—
(a)
(a) to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; and
(b)
(b) if the parties wish and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.
(2) Part 1 of the Arbitration Act 199613does not apply to proceedings before the Tribunal.
PART 2
General powers and provisions
Delegation to staff
4.—(1) Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
(3) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
Case management powers
5.—(1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
(3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—
(a)
(a) extend or shorten the time for complying with any rule, practice direction or direction, unless such extension or shortening would conflict with a provision of another enactment containing a time limit14;
(b)
(b) consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case;
(c)
(c) permit or require a party to amend a document;
(d)
(d) permit or require a party or another person to provide documents, information or submissions to the Tribunal or a party;
(e)
(e) deal with an issue in the proceedings as a preliminary issue;
(f)
(f) hold a hearing to consider any matter, including a case management issue;
(g)
(g) decide the form of any hearing;
(h)
(h) adjourn...
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