Appeals

AMENDMENT

This chapter was updated in March 2023 and should be re-read in full.

Who Can Appeal?

Any person who was party to the original hearing has right to seek permission to appeal against any order made at that hearing.

A decision to appeal an Order made in care proceedings should always be made having first considered the legal advice in regard to the prospects of success, and in discussion and with approval of the relevant Head of Service/Director.

In some cases, depending on which court made the Order, parties must first seek permission of the Court to appeal. The lawyer in CLU and Counsel who has conduct of the case will provide legal advice in this respect. Permission to appeal can be sought orally at the hearing at which the Order is made, or later by a paper application.

Routes of appeal:

Which court: Do you need permission to appeal? Appeal to: Timescales
A bench of Magistrates or a Lay Justice No A circuit judge sitting in the Family Court.
A High Court Judge where the Designated Family Judge of the Family Court considers the appeal would raise an important point of principle or practice.		 21 days from date of order being appealed.
7 days if appealing a case management decision or the making of an Interim Care or Supervision Order under Section 38(1) of the Children Act 1989.
District Judge Yes As above. 21 days from date of order being appealed.
7 days if appealing a case management decision or the making of an Interim Care or Supervision Order under Section 38(1) of the Children Act 1989.
Circuit Judge or Recorder Yes High Court Judge or Court of Appeal (depending on the Order being appealed). 21 days from date of order being appealed.
7 days if appealing a case management decision or the making of an Interim Care or Supervision Order under Section 38(1) of the Children Act 1989.

Permission to appeal may only be given where the court considers the appeal would have a real prospect of success, or there is some other compelling reason why the appeal should be heard.

In addition, an order giving permission to appeal may limit the issues to be heard and be made subject to conditions.

The documents required to seek permission/lodge an appeal are an Appellants notice and skeleton argument, together with a copy of the order being appealed and any other relevant documents from the court bundle. These documents are drafted by the CLU lawyer and Counsel, who will also advise if a statement from the social worker is also required.