England and Wales Care Standards Tribunal

 


Duncan v Ofsted [2007] EWCST 986(EY)_1 (20 December 2007)

Jennifer Fiona Duncan -v- OFSTED [2007] 986.EY
APPLICATION FOR A REVIEW UNDER REGULATION 25

1. On 31st October 2007, the Tribunal's decision dismissing the Appellant's appeal against the decision of the Respondent to cancel her registration as a childminder was sent to the parties.

2. By FAX dated 13^th November 2007, the Appellant has sought to review the Decision.

3. On reviewing the Decision, I have arrived at the conclusion that paragraph 27 (that deals with the burden of proof) is arguably incorrect. That paragraph places the burden of proof on the Appellant citing in support the case of Peter Jones v CSCI [2004] EWCA Civ 1713. That case was an application for registration case, and not a cancellation case.

4. In these circumstances, I exercise my powers under Regulation 25(4) for the appeal to be reconsidered by the Tribunal that heard the case (Ms Rivers, Ms Tynan, and Mr Sarll) .

5. The Respondent to file a skeleton argument solely on the question of the correct Burden of Proof in cancellation cases, within twenty working days of the receipt of this Order

6. The case to be reconsidered at a convenient hearing centre in Birmingham and on a date which is convenient for the parties, with a time estimate of half a day, within the hearing window 28^th February 2008 – 13^th March 2008.

ORDER ACCORDINGLY

His honour Judge David Pearl

President

20th December 2007.