Gulzaman v Secretary of State [2009] UKFTT 193 (HESC)
[1]. The First-tier Tribunal (Health, Education and Social Care Chamber) Care Standards First-tier Tribunal (Health, Education and Social Care Chamber) Rules 2008 – Rules 46, 47 & 49 [2008] 1217.PVA: 1218 PC ELIZABETH GULZAMAN Appellant -and-(1) SECRETARY OF STATE FOR HEALTH(2) SECRETARY OF STATE FOR CHILDREN, SCHOOLS AND FAMILIES Respondents Application by Mrs Elizabeth Gulzaman Date of original decision: 6 January 2009 DECISION The Tribunal has decided not to review the decision pursuant to Rule 47(1). AND Following consideration of the documents lodged by the applicant permission to appeal is not granted by the Tribunal.[2]REASONS FOR THE TRIBUNAL'S DECISIONa. Mrs Gulzaman's reasons for appeal are that: i. Her barrister, at the hearing, did not fully present her case ii. Due to late instruction her barrister did not have "the proper legal documents in her possession" iii. "Humanitarian basis I want justice" iv. The decision was made without the full facts v. Contradictory evidenceb. Mrs Gulzaman requested an opportunity to make an oral application for permission to appeal. however, in the period from 3 February 2009, the date of her application and the date of this decision, despite regular enquiry by the Tribunal Secretariat, she has not confirmed her availability for a hearing.c. The Tribunal's issued decision includes details of the evidence it heard and took into account. It records the Tribunal's findings and conclusions. Where evidence differed, the Tribunal's determinations and the reasons for them are recorded.d. The hearing took place on 15-18 December 2008. Mrs Gulzaman was represented by a barrister instructed by her solicitors throughout. Witnesses gave oral evidence and were subject to cross examination on her behalf. Mrs Gulzaman herself gave evidence. The Tribunal's conclusions indicate the weight it attached to the evidence. They do not indicate that there were failures or gaps in the evidence such that its determination was tentative, questionable or affected by a lack of representation.[3]I do not find the grounds identify an error of law. They do not show a mistake of material fact nor identify an error in application of the relevant law.[4]I conclude there are no grounds for the Tribunal to review its decision.[5]I have considered whether permission to appeal to the Upper Tribunal should be granted. For the reasons above, I do not consider that there is an arguable case in respect of the grounds submitted on behalf of Mrs Gulzaman. Signed: Tribunal Judge Dated: 10 August 2009 NOTIFICATION In the event that permission to appeal has been refused or not admitted, you are notified of the right to make an application to the Upper Tribunal for permission to appeal. Such an application must be made in writing and received by the Upper Tribunal no later than a month after the date on which the First-tier Tribunal (Health, Education and Social Care Chamber) Special Educational Needs and Disability sent to you notice of its refusal of permission to appeal, or refusal to admit the application for admission to appeal.