Frequently Asked Questions

The new unified Tribunals system – TCE Act 2007

FAQs for Care Standards Tribunals customer representative groups

What happened to the Care Standards Tribunal?

The Care Standards Tribunal (CST) became part of the Health, Education and Social Care Chamber on 3 November 2008. New rules came into effect on the same day.
The new rules apply to appeals received by the Tribunal after 3 November. They also apply, as far as possible, to appeals started before that date that are still in progress, provided that applying the Rules does not disadvantage the appellant or the Authority.
From Monday 3 November. The Care Standards Tribunal will be referred to as ‘First-tier Tribunal (Care Standards)

What will these changes mean for users?

Essentially the service for users will remain the same. The CST will continue to exist as a jurisdiction even though it will form part of a Chamber alongside the Mental Health and Special Educational Needs & Disability jurisdictions;
Members of the existing Tribunal will transfer to the new Tribunal structure and will continue to sit on CST appeals and work in the same way as at present. Any new members moving into this jurisdiction will have to demonstrate that they have the necessary knowledge and skills to satisfy statutory criteria. There will be no dilution of the CST membership expertise;
All current rights of appeal are set out in the underlying regulatory legislation and these will remain the same. However, appeals against decisions of the new Independent Safeguarding Authority (ISA) will only be allowed on a point of law or findings of fact; these appeals will be heard by the Upper Tribunal from 3rd November. Appeal rights against decisions of the ISA are set out in the Safeguarding Vulnerable Groups Act 2006;
Appeals will be heard at the Care Standards venue in central London or within the location of the applicant’s address, if this is a considerable distance from central London.

Will appellants be required to provide more evidence?

No more than is required under the current arrangements, although we may ask that evidence be produced at an earlier stage if possible.

Will appellants be required to provide more witnesses?

There will be no change to the current arrangements. It is up to each party to submit a list of witnesses in support of their case to the Tribunal.

Will appellants be required to seek more legal advice?

We recommend that all applicants seek legal advice. This can be obtained from a Citizens Advice Bureau or www.cladirect.org.uk.

Who should appellants speak to about specific cases after October 2008?

You should contact the Care Standards (CS) office and take advice from our staff. The CS office is at:

Tribunals Service
18 Pocock Street
London
SE1 OBW
Telephone queries to 020 7 960 0668

Further advice about the appeal process for Care Standards is available on the Tribunals Service website.

So what changes will the new Rules make?

We believe that these changes will provide a faster, more efficient service to Care Standards (CS) users with no dilution of current rights. We will ensure users are fully informed at all stages about the new processes and what they need to do;
The Health, Education and Social Care Chamber Rules differ in some ways to the current CST procedural Rules but will not disadvantage users and will ensure speedier processing;
The CST is a very small Tribunal that can be rather isolated; these changes mean that the CST will benefit from belonging to a larger organisation and will be able to take advantage of other opportunities;
Eventually it is expected that members who currently sit in other jurisdictions may be able to sit in the CST jurisdiction. However any new member will only be appointed to the CST following appropriate training and appointment criterion;
Forms and letters will have to be re-written but all documents will be set out in plain English clarifying what needs to be done.

How do I appeal a decision of the First-tier Tribunal?

Appeals against a decision of the First-Tier Tribunal will be heard by the Upper Tribunal but all applicants must first seek leave to appeal from the First-Tier tribunal;

For CS appeals, applications for leave to appeal to the Upper Tribunal must be sent to the Care Standards Office at:

0Tribunals Service
18 Pocock Street
London
SE1 OBW

Where do I send my appeal if it is against a decision of the Independent Safeguarding Authority?

Although the appeal will be considered by the Upper Tribunal rather than the First-Tier Tribunal, you should send your application to the Care Standards Office at 18 Pocock Street. We will provide the necessary administrative support for these cases and will forward them to the Upper Tribunal accordingly.