The Care Tribunal Regulations (Northern Ireland) 2005

• (2) An application under this paragraph may be made on the application form available from the Secretary.

• (3) An application under this paragraph must—

• (a) give the applicant’s name, date of birth and full postal address;

• (b) give sufficient information to make it clear whether the application falls within sub-paragraph (1)(a), (b), (c), (d)(i) or (ii), (e)(i) or (ii) or (f)(i) or (ii);

• (c) indicate the grounds upon which the applicant wishes to appeal;

• (d) give details of any new evidence since the decision was made which might lead the Care Tribunal to a different decision;

• (e) give the name, address and profession of the person (if any) representing the applicant;

• (f) give an address within the United Kingdom to which the Secretary should send documents concerning the appeal and application for leave;

• (g) give, where these are available, the applicant’s telephone number, fax number and e-mail address and those of the applicant’s representative (if any); and

• (h) be signed and dated by the applicant.

Acknowledgement and notification of application

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• (1) On receiving an application under paragraph 1, the Secretary shall—

• (a) immediately send an acknowledgement of its receipt to the applicant; and

• (b) subject to the following provisions of this paragraph, enter particulars of the application and the date of its receipt in the records.

• (2) If the Chairman is of the opinion that the applicant is asking the Care Tribunal to do something which it cannot do, he may notify the applicant in writing—

• (a) of the reasons for his opinion; and

• (b) that the application will not be entered in the records unless within 5 working days the applicant notifies the Chairman in writing that he wishes to proceed with it.

• (3) If in the Secretary’s opinion there is an obvious error in the application—

• (a) he may correct it;

• (b) he shall notify the applicant accordingly; and

• (c) unless within 5 working days of receipt of the notification under sub-paragrah (3) (b) of this sub-paragraph the applicant notifies the Secretary in writing that he objects to the correction, the application shall be amended accordingly.

Response to application

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• (1) The Secretary must send information provided by the applicant under paragraph 1 to the respondent together with a request that it respond to the application within 20 working days of receiving it.

• (2) If the respondent fails to respond as requested, it shall not be entitled to take any further part in the proceedings.

• (3) The response must—

• (a) indicate whether or not the respondent opposes the application for leave to appeal, and if it does, why; and

• (b) provide the following information and documents—

• (i) the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the application to the representative rather than to the respondent;

• (ii) a copy of the letter informing the applicant of the decision which is the subject of the application for leave and appeal;

• (iii) copies of any observations submitted by the applicant in relation to the decision; and

• (iv) copies of any evidence, including expert evidence, relied on by the respondent in making the decision.

• (4) The Secretary must send to the applicant a copy of the response and the information and documents provided with it (subject, in the case of any material provided in accordance with sub-paragraph (3)(b)(iv), to any direction of the Chairman under regulation 6).

Grant or refusal of leave

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• (1) The Chairman shall grant or refuse an application for leave to appeal under paragraph 1 without a hearing, as he sees fit.

• (2) Subject to paragraph 5, if the Chairman refuses leave the application shall be dismissed.

• (3) The Secretary must, without delay, notify the parties in writing of the Chairman’s decision, and if he has refused leave—

• (a) must notify them of his reasons for doing so; and

• (b) must inform the applicant of his right to request a reconsideration of the decision under paragraph 5.

Reconsideration of refusal to grant leave to appeal

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• (1) Where, pursuant to paragraph 4, the Chairman has refused leave to appeal, the applicant may apply to the Chairman requesting a reconsideration of that decision.

• (2) An application under this paragraph must be received by the Secretary within 10 working days after receipt of a notice under paragraph 4(3), and must be in writing.

• (3) Upon receipt of such an application, the Chairman must reconsider the decision to refuse leave.

• (4) If, in his application under sub-paragraph (1), the applicant has asked to make representations about leave at a hearing, the Secretary must fix a hearing for those representations to be heard.

• (5) The Secretary must notify the respondent of any hearing fixed for the purpose of considering whether to grant leave, and the applicant and the respondent may appear or be represented by any person at that hearing.

• (6) If the Chairman again refuses leave after reconsideration—

• (a) he must give his reasons for doing so in writing; and

• (b) the Secretary must send to the parties a copy of the Chairman’s decision together with his reasons for refusing leave.