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England and Wales Care Standards Tribunal
You are here: BAILII >> Databases >> England and Wales Care Standards Tribunal >> WH v NCSC [2003] EWCST 176(NC) (18 December 2003)
URL: http://www.bailii.org/ew/cases/EWCST/2003/176(NC).html
Cite as: [2003] EWCST 176(NC)
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WH v NCSC [2003] EWCST 176(NC) (18 December 2003)
WH v NCSC
[2003] 176.NC
His Honour Judge David Pearl
(President)
Mr J Cohen
Dr K White
DECISION
- The appellants, Mr J L and Mrs D L, appealed against the Notice
of Cancellation of Registration of "WH" under s 14(1)(c)
of the Care Standards Act 2000. The Notice of Cancellation is
dated 15th April 2003 and the appeal form B1 is signed by the
Appellants on 13th May 2003.
- At the Preliminary Hearing on 15th September 2003, the Tribunal
made a Restricted Reporting Order prohibiting the publication
(including by electronic means) in a written publication available
to the public, or the inclusion in a relevant programme for reception
in England and Wales, of any matter likely to lead members of
the public to identify any child.
- In order to prevent identification, the Children's Home is designated
by the initials "WH". Mr and Mrs L will be referred
to as Mr and Mrs L in the decision that is placed on the Tribunal
website.
- At the hearing on 15th December 2003, the Appellants were represented
by Ms Anna McKenna of Counsel instructed by Silver and Fitzgerald,
Solicitors and the Respondent was represented by Mr Daniel Oudkirk
of Counsel instructed by Mills and Reeve, Solicitors.
- At the commencement of the hearing, the Tribunal was informed
that an agreement between the parties had been reached in principle.
Ms McKenna confirmed the agreement and stated that the Appellants
no longer wished to pursue the proceedings.
- In these circumstances, the Tribunal must dismiss the proceedings.
However, we were concerned about the welfare of the two residents
("AC" and "S") in "WH". We asked
that enquiries be made.
- So far as "AC" was concerned, the Service Manager
of the Children Looked After Team in the relevant authority faxed
the information that "the Department would not be prepared
to leave "AC" in an unregistered Children's Home and
if necessary will move him to his parent's home today, with additional
support and monitoring in place."
- The reply in respect of "S" by the Deputy Team Manager
of the relevant Social Services reads as follows: "…it
has been decided that our department would not be willing to leave
"S" in a home without registration for more than the
time it would take to secure alternative accommodation. We are
therefore making enquiries with suitable family members and hope
to be in a position to move "S" if necessary by Friday
19th December."
- On reading these faxes we were satisfied that the agreement that has been reached between the parties is appropriate and that there is no risk that children would remain in an unregistered home. We incorporate the agreement into this decision. It reads:
The Appellants (Mr and Mrs J L) and the Respondent agree as
follows:
- The Appellants appeal ([2003]176.NC) is withdrawn and is
dismissed upon withdrawal
- The Appellants undertake not to allow any further children
to be placed in "WH"
- The Respondent will notify the relevant placement authorities
of the dismissal of the appeal as soon as practicable
- The Respondent will carry out such inspections of "WH"
as they consider appropriate but in any event the Respondent will
inspect at least once per week while children are in residence
there
- Unless standards of care at "WH" deteriorate further
the Respondent will not prosecute Mr and Mrs L for operating "WH"
as an unregistered children's home before 12th January 2004. Nothing
in this paragraph shall require the Respondent to prosecute the
Appellants on or after 12th January 2004
- The Respondents shall not seek an Order for Costs.
- And accordingly, under Regulation 33(1) of the 2002 Regulations, the Tribunal shall dismiss the appeal, and as of today's date (15th December 2003) the Registration is cancelled.
- The President signed the agreement on behalf of the
Tribunal, and the agreement was signed by both Counsel on behalf
of the Appellants and the Respondent.
- The Tribunal is satisfied that it was appropriate for there to be No Order As to Costs.
Accordingly;
APPEAL DISMISSED
NO ORDER AS TO COSTS
His Honour Judge David Pearl
(President)
Mr J Cohen
Dr K White
18th December 2003.