11 February 1983

Dear Colleague

REGISTRATION OF SOCIAL WORK ESTABLISHMENTS: APPEALS TRIBUNAL RULES

Summary

1. This Circular advises local authorities of the introduction of the Registration of Establishments (Appeal Tribunal)(Scotland) Rules 1983 and explains the provisions in the Rules for tribunals established under section 64(4) of the Social Work (Scotland) Act 1968.

Social Work (Scotland) Act 1968

2. In terms of section 64(4) of the Social Work (Scotland) Act 1968, any person who has had an application for registration refused in respect of an establishment providing accommodation for the purposes of the Act, may appeal to a tribunal established under Schedule 5 to the 1968 Act. The tribunal will be constituted from a panel of persons appointed by the Secretary of State also under the terms of Schedule 5 to the Act. One of the provisions of Schedule 5 enables the Secretary of State to make Rules with regard to, inter alia the procedure of such tribunals: these Rules establish the basis on which a tribunal may hear an appeal under the Act.

Rules

3. On 17 January 1983, the Secretary of State made the Registration of Establishments (Appeal Tribunal)(Scotland) Rules 1983, which came into operation on 7 February 1983. The Rules set out the detailed procedures for the hearing of an appeal prescribing periods within which grounds of appeal, and grounds of refusal or cancellation of registration, may be submitted. They make provision for fixing the date together with the time and place of a hearing, and indicate the procedures to be followed during or in relation to the hearing, including the right of parties to be represented by others; the holding of a hearing in public; and parties’ rights to produce evidence, and to call and question witnesses. The Rules also provide for inspection by the tribunal of the establishment with which the appeal is concerned; the re-opening of a hearing, as a consequence of such an inspection; the conduct of a tribunal as directed by the nominated Chairman; and the extension of any time limit under the rules. The decision of a tribunal will be in writing, and will be given to the parties to the appeal with 14 days of the close of a hearing.

4. The Rules also contain provision for the payment by the Secretary of State of travel and subsistence allowances to persons attending the tribunal proceedings. They do not, however, include any provision as to the tenure of office of members of the panel or payment to persons attending the tribunal of compensation for loss of remunerative time. The Secretary of State has decided that the period of appointment to the panel from which membership of the tribunals is drawn should be 4 years; and to pay to members of a tribunal a daily fee, and to reimburse reasonable travelling and subsistence expenses to persons attending proceedings before the tribunals.

5. Members of the panel are being appointed at present for the first 4 year period of office.

6. Section 49 of the Registered Establishments (Scotland) Act 1987 extended the grounds of appeal to tribunals to include conditions of registration. These changes are dealt with in Circular SWSG16/88.

Contact Point

7. Please direct any enquiries about this Circular to Mr Trevor Hall, Social Work Services Group, Room 44, James Craig Walk, Edinburgh EH1 3BA

(telephone 0131 244 5455).

Yours faithfully

GAVIN ANDERSON