Khan v Commission for Social Care Inspection, Court of Appeal - Establishments and Agencies, October 10, 2008,  EWCST 1347(EA)
|Resolution Date:||October 10, 2008|
|Issuing Organization:||Establishments and Agencies|
|Actores:||Khan v Commission for Social Care Inspection|
Khan v Commission for Social Care Inspection  EWCST 1347(EA) (10 October 2008)
Mohammad Sajid Khan
Commission for Social Care Inspection
Application No.  1347.EA
Mr John Reddish
Hearing date: 1st October 2008
On 21 and on 28 July 2008 the Applicant purported to appeal, under section 21 of the Care Standards Act 2000, against the decision of the Commission for Social Care Inspection, made on 22 April 2008, to refuse his application for registration as the manager of a care home.
Application to strike out
On 18 August 2008 the Respondent applied for an order that the appeal be struck out under regulation 4A of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002.
At the hearing Mr Stephen Janisch, solicitor of Messrs Radcliffes Le Brasseur represented the Respondent Commission. The Applicant appeared and represented himself.
The material facts are as follows:
On 22 November 2007 the Applicant applied to the Respondent Commission under section 12 of the Care Standards Act 2000 for registration as the manager of a care home for young adults with learning disabilities in Croydon.
On 29 November 2007 the Applicant was interviewed by one of the Respondent's inspectors. She felt unable to recommend approval of the Applicant's application. She reported that the Applicant was ``a pleasant young man'' who was ``eager to provide good service in the home'' but that he had ``very little idea of the legal framework'' and of the ``day to day management of finances''.
On 20 February 2008 the Respondent sent a Notice of Proposal to Refuse Registration to the Applicant.
On 25 March 2008 the Applicant made his written representations in response to the Notice of Proposal. The Applicant argued that his application had been ``unfairly rejected''. He said that he possessed all of the necessary qualifications and experience and asked that he be given another opportunity to prove himself.
On 22 April 2008 the Respondent sent a Notice of Decision to Refuse Registration to the Applicant. The Regional Director noted that the Applicant's ``lack of experience'' was ``of particular concern''. There was, she said, no evidence that the Applicant was ``aware of the wide range of regulatory requirements'' so that there ``would be an unacceptable risk'' to service users.
The Notice of Decision stated that the Applicant had a right to appeal to the Tribunal against the decision within 28 days of the receipt of the decision letter.
In June 2008 the Applicant informed the Respondent that he had not received the Notice sent on 22 April 2008.
On 19 June 2008 the Respondent sent a copy of the Notice to the Applicant with a covering letter giving the address of the Tribunal and saying that, should he wish to exercise his right of appeal, the Applicant should do so ``within 28 days of service of this letter''.
On 21 June 2008 the Applicant received (via the Royal Mail Recorded Delivery service) the copy Notice and the...
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