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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

1. 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.
   
2. 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.
   
3. 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.
   
4. 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.
   
5. 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.
   
6. 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.
   
7. 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."
   
8. 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."
   
9. 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:

1. The Appellants appeal ([2003]176.NC) is withdrawn and is dismissed upon withdrawal
   
2. The Appellants undertake not to allow any further children to be placed in "WH"
   
3. The Respondent will notify the relevant placement authorities of the dismissal of the appeal as soon as practicable
   
4. 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
   
5. 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
   
6. The Respondents shall not seek an Order for Costs.
   
7. 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.

8. 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.
   
9. 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.