Protection of Children Act Tribunal Regulations 2000

PART VIISupplementary

Method of sending documents

34.—(1) Any document may be sent to the Secretary by post, by fax or electronically, unless the President directs otherwise.

(2) Any notice or document which these Regulations authorise or require the Secretary to send to a party shall be sent—

(a)by first-class post to the address given for the purpose by that party in accordance with regulation 2, 3 or 5, or

(b)by fax or electronically to a number or address given by that party for the purpose.

(3) If a notice or document cannot be sent to a party in accordance with paragraph (2), the President may dispense with service of it or direct that it be served on that party in such manner as he thinks appropriate.

(4) Any notice or document sent by the Secretary to a party in accordance with these Regulations shall be taken to have been received—

(a)if sent by post and not returned, on the second working day after it was posted;

(b)if sent by fax or electronically, unless the Secretary has been notified that the transmission has been unsuccessful, on the next working day after it was sent; and

(c)if served in accordance with a direction under paragraph (3), on the next working day after it was so served.

Irregularities

35.—(1) An irregularity resulting from failure to comply with any provision of these Regulations or any direction given in accordance with them before the Tribunal has reached its decision shall not of itself render the proceedings void.

(2) Where any irregularity comes to the attention of the President (before the hearing) or the Tribunal he or it may and, if it appears that any person may have been prejudiced by the irregularity, shall, before reaching a decision, give such directions as he or it thinks just to cure or waive the irregularity.

(3) Clerical mistakes in any document recording the decision of the Tribunal or a direction or decision of the President, or errors arising in such documents from accidental slips or omissions, may at any time be corrected by the chairman or the President (as the case may be) by means of certificate signed by him.

(4) The Secretary shall as soon as may be send the parties a copy of any corrected document together with reasons for the decision.

Application on behalf of a child or person under a disability

36.—(1) A person may, by writing to the Secretary, request authorisation by the President to make application under regulation 2 or 3 on behalf of a child or an adult who is prevented by mental or physical infirmity from acting on his own behalf.

(2) A person acting in accordance with an authorisation under this regulation may on behalf of the other person take any step or do anything which that person is required or permitted to do under these Regulations, subject to any conditions which the President may impose.

Death of applicant

37.  If the applicant dies before the application is determined, the President shall strike out the application without making a costs order against the applicant.

Proof of documents and certification of decisions

38.—(1) A document purporting to be issued by the Secretary shall be taken to have been so issued, unless the contrary is proved.

(2) A document purporting to be certified by the Secretary to be a true copy of a document containing—

(a)a decision of the Tribunal; or

(b)an order of the President or of the Tribunal,

shall be sufficient evidence of the matters contained in it, unless the contrary is proved.

Powers and functions of the Tribunal exercisable by President and Secretary

39.—(1) Anything which must or may be done by the President (except under regulation 15 or 30(4)) may be done by a member of the chairmen’s panel authorised by the President.

(2) Anything which must or may be done by the Secretary may be done by a member of the Tribunal’s staff authorised by the Secretary.

Time

40.—(1) The President may extend any time limit mentioned in these Regulations if in the circumstances—

(a)it would be unreasonable to expect it to be, or to have been, complied with, and

(b)it would be unfair not to extend it.

(2) Where the time prescribed by these Regulations, or specified in any direction given by the President, for taking any step expires on a day which is not a working day, the step must be treated as having been done in time if it is done on the next working day.

Requirements for membership of lay panel

41.—(1) A person may be appointed a member of the lay panel if he satisfies the requirements of—

(a)paragraph (2), or

(b)paragraphs (3) and (4).

(2) The requirements of this paragraph are—

(a)experience in the provision of services which must or may be provided by local authorities under the Children Act 1989 or which are similar to such services, and

(b)experience in relevant social work.

(3) The requirements of this paragraph are—

(a)experience in the provision of services by a Health Authority(1), a Special Health Authority(2), a National Health Service trust(3) or a Primary Care Trust(4);

(b)experience in the provision of education in a school (other than a nursery school) or in an institution within the further education sector; or

(c)experience of being employed by a local education authority in connection with the exercise of its functions under Part I of the Education Act 1996.

(4) The requirements of this paragraph are—

(a)experience in the conduct of disciplinary investigations;

(b)experience on an Area Child Protection Committee, or similar experience;

(c)experience of taking part in child protection conferences or in child protection review conferences, or similar experience; or

(d)experience in negotiation as to the conditions of service of employees.