Commentary on Sections Enforcement of care standards (Sections 26 to 29) Section 28: Appeals etc. in relation to notices under section 22B of the Care Standards Act 2000
119.This section amends section 21 of the Care Standards Act 2000 to create new grounds for an appeal to the Tribunal, namely the serving of a notice restricting accommodation (as provided for in section 27). Appeals must be made to the Tribunal within 28 days of the notice being served (subsection (3)). Upon hearing the appeal, the Tribunal may confirm the notice and the ensuing restriction on accommodation or uphold the appeal in favour of the provider and direct that the notice no longer has any effect.
120.Subsection (6) clarifies that the NMS should be taken into account when the registration authority is considering whether to issue a notice under new section 22B and when the Tribunal makes decisions about appeals regarding these notices.