Text:Tribunal rule 1

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 2008.[These Rules apply to proceedings before the Health, Education and Social Care Chamber of the First-tier Tribunal.]

(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 1989[section 19 of the Children and Families (Wales) Measure 2010], or a person who provides childcare as defined in section 18 of the Childcare Act 2006;

“disability discrimination in schools case” means proceedings concerning disability discrimination in the education of a child [or young person] 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 service case” means a case under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, regulations made under either of those Acts, or regulations having effect as if made under either of those Acts by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006;”]

“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 1990[a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act];

“mental health case” means proceedings brought under the Mental Health Act 1983 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;

“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 1989[section 34 of the Children and Families (Wales) Measure 2010], section 20 of the Care Standards Act 2000 or section 72 of the Childcare Act 2006, the person who applied to the justice of the peace for the order;

(a) in an appeal against an order made by a justice of the peace, 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 1995, 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;

[(c) in proceedings on a claim brought under paragraph 3 of Schedule 17 to the Equality Act 2010(2) (disabled pupils: enforcement)—

(i) the local authority or the governing body, where the school concerned is a maintained school;

(ii) the proprietor, where the school concerned is an independent school;]

(d) in proceedings on an application under section 4(2) of the Protection of Children Act 1999 or section 86(2) of the Care Standards Act 2000, the Secretary of State; or

[(da) in an application for, or for a review of, a stop order under the National Health Service (Optical Charges and Payments) Regulations 1997—

(i) the supplier, where the Secretary of State is the applicant;

(ii) the Secretary of State, where the supplier is the applicant;

(db) in any other application under the National Health Service Act 2006 or regulations having effect as if made under that Act by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006[health service case]—

(i) the practitioner, performer or person against whom the application is made, where [a Primary Care Trust the National Health Service Commissioning Board] [or a Local Health Board] is, or is deemed to be, the applicant;

(ii) [the Primary Care Trust the National Health Service Commissioning Board] [or Local Health Board] that served the notice, obtained the order or confirmation of the order, where any other person is the applicant;]

[(dc) in an application under section 127(5) of the Education and Skills Act 2008, 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; “special educational needs case” means proceedings concerning—

(a) an EHC needs assessment within the meaning of section 36(2) of the Children and Families Act 2014(27), or

[(aa) a detained person’s EHC needs assessment within the meaning of section 70(5) of the Children and Families Act 2014(3), or]

(b) an EHC plan within the meaning of section 37(2) of that Act,

of a child or young person 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 1971.[;

“young person” means, in relation to a special educational needs case or a disability discrimination in schools case, a person over compulsory school age but under 25;]

Amendments

Last updated: 16/11/22