Q&As

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a circuit judge. Is permission required for a second appeal and would that appeal be heard by the Court of Appeal as opposed to the High Court? If not what is the correct procedure?

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Produced in partnership with Kyle Squire of 5 Pump Court
Published on LexisPSL on 10/06/2020

The following Family Q&A Produced in partnership with Kyle Squire of 5 Pump Court provides comprehensive and up to date legal information covering:

  • A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a circuit judge. Is permission required for a second appeal and would that appeal be heard by the Court of Appeal as opposed to the High Court? If not what is the correct procedure?
  • Second appeals
  • Test for permission
  • Procedure

Second appeals

Where an appeal from a first instance decision in a private children case has been determined, a party would require permission to bring a second appeal (ie an appeal against the decision made on the first appeal). The threshold for obtaining permission on a second appeal is higher.

One has to look to the CPR to determine the permission test and the correct procedural route. The Family Procedure Rules (FPR 2010), SI 2010/2955 generally apply to appeals from decisions of the Family Court, however, while FPR 2010, SI 2010/2955, 30.3(1B) and (2) set out when permission to appeal is, or is not, required under FPR 2010, SI 2010/2955 to appeal against a decision or order of the family court, those rules do not apply where the route of appeal from a decision or order of the family court is to the Court of Appeal, namely where the appeal is against a decision or order made by a circuit judge or recorder, inter alia, where that decision or order was itself made on an appeal to the family court (FPR 2010, SI 2010

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