Beddows v The Welsh Ministers, Court of Appeal - Establishments and Agencies, October 14, 2008, [2008] EWCST 1312(EA-W)

Resolution Date:October 14, 2008
Issuing Organization:Establishments and Agencies
Actores:Beddows v The Welsh Ministers
 
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Beddows v The Welsh Ministers [2008] EWCST 1312(EA-W) (14 October 2008)

Garda Beddows

-v-

The Welsh Ministers

[2008] 1312.EA-W

Before

Miss Maureen Roberts, Chairman

Mr. Graham Harper Specialist Member

Mr. Michael Jobbins Specialist member

DECISION

Heard on the 7th October 2008 at Prestatyn Magistrates Court, Prestatyn North Wales.

Representations

The Appellant represented herself and was assisted by her husband. The Respondent was represented by Miss Sarah Williams, Welsh Assembly lawyer.

The Tribunal heard evidence from Ms Gwen Baxter the Inspector involved with the case and from Ms Deborah Russell the Regional Manager for the Respondent. The Tribunal heard from the Appellant and her husband Mr Beddows.

The hearing started at 10.30am. At 10.55am the tribunal had a message that the Appellant was `running' 30 minutes late. The Tribunal stopped and waited until 11.20 am when it re-started. The Appellant and her husband arrived at the hearing at 12 noon. They had the bundle. The evidence given by Ms Baxter was summarised to them and they heard Ms Russell's evidence. They then gave their own evidence.

The Appeal

1. The Appellant appeals against the Notice of Decision to refuse Registration to run an Employment agency (for domiciliary care workers) issued by the Respondent on the 18th April 2008. The Appellant submitted the appeal on the 13th May 2008.

The background

2. The Appellant who is eighty years old moved to North Wales some fifteen years ago. She had worked, among other jobs, as a carer and obtained a certificate in Health and Social Care from the Open University. She started a domiciliary/employment agency called `The Unlimited care Agency' in 1999 and ran it from her home address. The appellant was significantly affected by a fire that destroyed her home in 2007. She lived in a mobile home until the house was rebuilt; this was completed at the end of 2007.

3. Under sections 11 and 12 of the Care Standards Act 2000 (CSA) such agencies are required to be registered and the Respondent is the registering authority. On the 24th October 2006 the Appellant made an `Application to register a Domiciliary care Agency' to the Respondent. On the application form she ticked that she intended to provide an Employment agency and then ticked the box which indicated that she intended to provide both an employment agency and a Domiciliary care Agency. At the hearing it was evident that the Appellant intended to provide an Employment Agency.

4. The Appellant is currently running the...

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