Appeals to First-tier Tribunal: CA 1989 s. 79M
Appeals against orders, steps, and determinations under the Children Act 1989 to the First-tier Tribunal, which can confirm, cancel, or vary conditions.
An appeal against— the taking of any step mentioned in section 79L(1); . . . an order under section 79K, or a determination made by the Assembly under this Part (other than one falling within paragraph (a) or (b which is of a prescribed description, shall lie to the First-tier Tribunal. On an appeal, the First-tier Tribunal may— confirm the taking of the step or the making of the order or determination or direct that it shall not have, or shall cease to have, effect; and impose, vary or cancel any condition.
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 you the right to appeal to the First-tier Tribunal against certain decisions made under Part XA of the Children Act 1989, which covers child minders and day care providers. You can appeal against: a step mentioned in section 79L(1) (notice of intention to take steps), an order under section 79K (emergency protection of children), or a determination made by the Assembly that is of a prescribed description.
The First-tier Tribunal can either confirm the step, order, or determination, or direct that it has no effect or stops having effect. It can also impose, vary, or cancel any conditions attached to the decision.
When it applies
- A childminder receives a notice of intention to cancel their registration and appeals to the First-tier Tribunal.
- A day care provider is served with an emergency order under s.79K to protect children and appeals.
- The Assembly makes a determination that a provider must meet certain conditions, and the provider appeals.
- A provider appeals against a suspension of registration under s.79H.
What this section does not say
- This section does not cover appeals against decisions under other parts of the Children Act, such as care orders or supervision orders.
- It does not cover appeals against all determinations made by the Assembly, only those that are of a prescribed description.
- It does not cover appeals against local authority decisions about children's homes (those are under s.80).
Related sections
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This page reproduces the text of CA 1989 s. 79M 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.