Appeals in public law children proceedings
Produced in partnership with Maud Davis of TV Edwards LLP
Appeals in public law children proceedings

The following Family guidance note Produced in partnership with Maud Davis of TV Edwards LLP provides comprehensive and up to date legal information covering:

  • Appeals in public law children proceedings
  • Orders pending appeal
  • Appeals from lay justices and justices' clerks
  • Appeals from judges (other than lay justices) and High Court
  • Procedure before appeal
  • Procedure on appeal
  • Role of appellate court

Changes were made in relation to appeals as a result of the introduction of the single Family Court with effect from 22 April 2014, see Practice Note: Appeals—general principles, practice and procedure. In addition, from 3 October 2016, certain appeals from circuit judges and recorders are made to the High Court rather than the Court of Appeal, except where:

  1. the appeal is from a decision or order in proceedings under Parts IV or V of the Children Act 1989 (ChA 1989), ChA 1989, Sch 2, para 19(1), or the Adoption and Children Act 2002 (ACA 2002)

  2. the appeal is from a decision or order in exercise of the Family Court’s jurisdiction as to contempt of court, where that decision was made in, or in connection with, proceedings under ChA 1989, Pts IV or V, ChA 1989, Sch 2, para 19(1), or ACA 2002

  3. the appeal is from a decision or order made on appeal to the Family Court

The key provisions are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 30 and FPR 2010, PD 30A and the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014, SI 2014/602 (as amended). Appeals to the Court of Appeal are governed by Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 52 and CPR PD 52C. Changes to