Court of Protection—reconsideration and appeals
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers
Court of Protection—reconsideration and appeals

The following Private Client guidance note Produced in partnership with Alex Ruck Keene of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • Court of Protection—reconsideration and appeals
  • Introduction
  • Reconsideration
  • Appeal structure
  • Permission
  • Appellant’s notice
  • Respondent’s notice
  • The determination of the appeal
  • Second appeals
  • Appeals to the Court of Appeal and Supreme Court
  • more

Introduction

This Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis upon which appeals will be considered by the higher courts. The framework for such appeals is set down in Part 20 of the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035.

There are three tiers of the judges within the Court of Protection, and reference to ‘tiers’ within this Practice Note are references to the following framework:

  1. the largest number of tier 1 judges are those nominated and sitting as District Judges in the Court of Protection

  2. tier 2 judges are, broadly, circuit judges or equivalents nominated and sitting as Court of Protection judges

  3. tier 3 judges are, broadly, judges of the High Court or above nominated and sitting as Court of Protection judges

Save that they make clear that permission is required, it is important to note that the COPR 2017 do not apply to applications for permission to appeal to, or hearings before, the Court of Appeal or the Supreme Court. Applications to the Court of Appeal and the Supreme Court from decisions made by the Court of Protection are addressed briefly towards the end of this Practice Note.

Reconsideration

P or any party or person affected by an order made without