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Fee-Paid Specialist Member of the Upper Tribunal assigned to the Administrative Appeals Chamber (Disclosure and Barring jurisdiction) and First-Tier Health, Education and Social Care Chamber (Care Standards jurisdiction)

Salary:  £219.68 a day

Location:  England and Wales

Number of vacancies: 10 

Launch date: February 2020 

Yn Gynraeg

An excellent opportunity has arisen to join the judiciary as a Fee-Paid Specialist Member of the Upper Tribunal assigned to the Administrative Appeals Chamber (Disclosure and Barring jurisdiction) and First-tier Tribunal Health, Education and Social Care Chamber (Care Standards jurisdiction)

This role is open to people with substantial experience of educational, child care, health or social care matters. 

There are ten vacancies across England and Wales.

About the role

The specialist member will be appointed to the Upper Tribunal and assigned to the Administrative Appeals Chamber to hear appeals from decisions against a decision of the Disclosure and Barring Service (DBS). 

DBS appeals involve highly sensitive issues which may result in an individual being barred, potentially for life, from working with children under the age of 18, vulnerable adults or both.

Members will also be assigned to the First-tier Tribunal Health Education and Social Care Chamber and ticketed to the Care Standards jurisdiction to hear appeals against decisions by the Secretary of State for Education, the Secretary of State for Health, Care Quality Commission, Ofsted or the Care Council of Wales which exclude, remove or suspend individuals from a register to work with or care for children or vulnerable adults.  The bulk of the work will be in the First-tier Tribunal. 

Members play a full part in the proceedings.  Their expertise will provide valuable assistance in identifying evidence gaps, clarifying, challenging, and evaluating issues and evidence.  They may need to alert the judge to aspects of the case that need further examination. 

Members are expected to make themselves available for a minimum of 30 days a year in total on tribunal business.

Who can apply

You must have substantial experience of educational, child care, health or social care matters and either:

  • meet one of the requirements set out at a) below as well as the requirement at b)

or

  • meet one of the requirements set out at c) below as well as one of the requirements at d)

a)  you have experience in the provision of services:

  1. which must or may be provided by local authorities under the Adoption Act 1976, the Children Act 1989 or the Adoption and Children Act 2002 or which are similar to such services;
  2. for vulnerable adults; or
  3. in a residential family centre;

b) experience in relevant social work.

c) 1. experience in the provision of services by a Health Authority, a Special Health Authority, a National Health Service trust, an NHS foundation trust or a Primary Care Trust;

    2. experience in the provision of education in a school or in an institution within the further education sector; or

    3. experience of being employed by a local education authority in connection with the exercise of its functions under Part 1 of the Education Act 1996.

d)  1. experience in the conduct of disciplinary investigations;

      2. experience on an Area Child Protection Committee, or similar experience

      3. experience of taking part in child protection conferences or in child protection review conferences, or similar experience; or

      4. experience in negotiation the conditions of service of employees.

Candidates may be required to sit on First-tier Tribunal hearings in England and Wales and will need to demonstrate an understanding of different regulatory schemes according to geographical location where they exist.

It is desirable that at least two members shall be Welsh speaking to a standard which permits them to participate in hearings conducted through the medium of Welsh.

In addition, you should be able to offer a reasonable length of service, usually of 5 years, before the statutory retirement age of 70.

The Commission encourages diversity and welcomes applications from groups currently under represented in the judiciary. The principles of fair and open competition will apply and recommendation for appointment will be made solely on merit.

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