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Appeals and Enforcement

Document Cited authorities 8 Cited in Related
Vincent
AuthorSafda Mahmood/Julie Doughty
Pages217-223
17 Appeals and

Enforcement

17.1 Appeals and judicial review

Appeals are discussed briefly in this book under each topic, but since there is limited space, it is only possible to give further references for judicial review, complaints procedures and appeals procedures. Hershman & McFarlane: Children Law and Practice (Bloomsbury Professional, 2018), has an excellent section on judicial review and appeals. Another useful book is The Hon Mrs Justice Patterson DBE and S Karim (eds), Judicial Review: Law and Practice (Jordan Publishing, 2nd edn, 2015).

17.1.1 Appeal process and when permission is required

Rule 30.1 of the FPR 2010 sets out that the provisions in Part 30 apply to appeals to: (a) the High Court; and (b) the Family Court. All parties to an appeal must comply with PD 30A. This is accompanied by the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014 (SI 2014/602), which sets out the appeal route from certain judges and office holders to the Family Court, instead of the appeal lying to the Court of Appeal, and the amendments to the 2014 Order, made by the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 (SI 2016/891), and now contained in PD 30A, paragraph 8.5. Rule 30.3(1B) and (2) sets out when permission to appeal is or is not required against a decision or order of the Family Court.

However, rule 30.3(1A) of the FPR 2010 specifically provides that this rule does 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:

(a) in proceedings under—

(i) Part 4 of the 1989 Act (care and supervision);

(ii) Part 5 of the 1989 Act (protection of children);

(iii) paragraph 19(1) of Schedule 2 to the 1989 Act (approval by the court of local authority arrangements to assist children to live abroad); or

218 Child Care and Protection: Law and Practice

(iv) the 2002 Act (adoption, placement, etc.);

(b) in exercise of the family court’s jurisdiction in relation to contempt of court where that decision or order was made in, or in connection with, proceedings referred to in sub-paragraph (a); or

(c) where that decision or order was itself made on an appeal to the family court.

(Appeals in the cases referred to in this paragraph are outside the scope of these rules. The CPR make provision requiring permission to appeal in those cases.)

Rule 30.3(1B) of the FPR 2010 provides that...

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