Appeal from refusal under s.65 – CA 1989 s.65A
Right to appeal to the First-tier Tribunal when an authority refuses consent under s.65 for a disqualified person in a children's home.
An appeal against a decision of an appropriate authority under section 65 shall lie to the First-tier Tribunal . On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives a person whose application for consent under section 65 has been refused by the appropriate authority a right to appeal to the First-tier Tribunal. Section 65 deals with people who are disqualified from carrying on or being employed in a children's home; the authority may give consent to allow them to work despite the disqualification. If consent is refused, the person can appeal.
On appeal, the First-tier Tribunal can either confirm the authority's decision (upholding the refusal) or direct the authority to give the consent. The Tribunal does not reconsider the disqualification itself; it only decides whether the refusal of consent was wrong.
When it applies
- A person previously convicted of an offence against a child applies to run a children's home; the local authority refuses consent; they appeal.
- An organisation wants to employ someone who is disqualified by regulation; the authority refuses to give consent; the organisation appeals.
- A person who was disqualified but later rehabilitated seeks consent to work in a children's home; the authority refuses; they appeal.
What this section does not say
- This provision does not cover appeals against decisions to remove a child from a home or about care orders.
- It does not apply to disputes about registration of child minders or day care providers (see sections 79a–79f).
- It does not deal with the underlying criteria for disqualification – those are set out in section 65 itself.
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This page reproduces the text of CA 1989 s. 65A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.