A Digest of Cases heard by the Care StandardsTribunal Issue 6
(updated January 2006)
The Care Standards Tribunal has now been operational for 4 years. The number of cases filed with the Secretariat has reached 615. Many of these cases have not come to a hearing. Some have been withdrawn at an early stage, in others the Respondent has decided not to oppose the appeal, and a fair few have been struck out because the Tribunal was without jurisdiction or the appeal was misconceived. The number of cases being filed with the Secretariat each week is now about five a week and we anticipate a steady state of appeals being filed up until new legislation is enacted in two years time.
A body of case law has been built up, and hopefully these decisions provide guidance to all those who use this jurisdiction. The first issue of A Digest of Cases was prepared in July 2003 and appears as Annex 6 to the Annual Report 2002-3. Issue 3 of the Digest was up to date as at July 2004, and was made available on the Members section of the Care Standards Tribunal Website www.carestandardstribunal.gov.uk It was republished in the Annual Report 2003-4. A decision was taken in early 2005 to place the Digest on the open access section of the website. This issue, together with the index, is up to date to the beginning of January 2006, and it has been placed on the Care Standards Tribunal website. It is being distributed in hard copy to all of our members. The index appears also on the open section of the website, and is up-dated when new cases are published on the website.
The Digest of course is no substitute for reading the case itself. All decisions are published both on the Care Standards Tribunal website and on the British and Irish Legal Information Website accessed most conveniently as a link from the Care Standards Tribunal website.
There have been only five cases that have gone to the High Court: C, Jones, Spicer, Mairs, and AW. Jones was decided by the Court of Appeal: [2004] EWCA Civ 1713.
- Schedule 1: Appeals under s 21 of Care Standards Act 2000 from decisions of the Council for Social Care Inspection, the HealthCare Commission, and the Welsh Ministers
- Schedule 2: Appeals under s 79M of Children Act 1989 from decisions by OFSTED and the Welsh Ministers
- Schedules 4 and 5: Appeals under the Protection of Children Act 1999 s 4, the Care Standards Act 2000 s 86, and the Education (Prohibition from Teaching or Working with Children) Regulations 2003, SI 2003/753, from decisions made by the Secretary of State for Education and Skills or the Secretary of State for Health. (the PoCA list, the PoVA list and “list 99”)
- Schedule 6: Appeals under s 68 of the Care Standards Act 2000 from decisions of the General Social Care Council
- Schedule 7: Appeals under the Child Minding and Day Care (Suspension of Registration) Regulations 2003
- Costs
- Procedural Matters
Judge David Pearl
President
CST
3 January 2006
(550kb)
