Appeals Against Orders
SCOPE OF THIS CHAPTER
Any decision to seek legal advice/involvement must be in line with Section 1, Access to Legal Services and Costs within Proceedings of Court Proceedings Procedure.
AMENDMENTHyperlinks in this chapter were revised and updated in October 2012.
Who Can Appeal?
Any person who was party to the original hearing has right of appeal against any order made at that hearing.
The time limits for lodging an appeal in magistrates' hearings are:
- 14 days for Care Orders;
- 7 days for Interim Care Orders.
The time limit for lodging an appeal in Crown Court hearings is 4 weeks for all orders.( see earlier comment about whether this should be the County Court in which case timescales are the same).
The child's legal status remains as the order indicates until the appeal is heard.
Only barristers and solicitors with Higher Rights of Audience can present an appeal in the Court of Appeal.
Prior to lodging an appeal the Team Manager/Services Manager must:
- Seek legal advice from a member of the Children's Litigation Unit (CLU);
- Obtain authority to proceed from the Head of Service;
- Obtain a transcript of the case.
if an appeal is lodged by any other parties to the proceedings then the Team Manager/ Services Manager must:
- Take legal advice from a member of the CLU;
- Complete a statement as to why the order is necessary to promote the welfare of the child.