Part 2The Court of Protection and the Public Guardian
Practice and procedure
53Rights of appeal
1
Subject to the provisions of this section, an appeal lies to the Court of Appeal from any decision of the court.
2
Court of Protection Rules may provide that where a decision of the court is made by—
a
a person exercising the jurisdiction of the court by virtue of rules made under section 51(2)(d),
b
a district judge, or
c
a circuit judge,
an appeal from that decision lies to a prescribed higher judge of the court and not to the Court of Appeal.
3
For the purposes of this section the higher judges of the court are—
a
in relation to a person mentioned in subsection (2)(a), a circuit judge or a district judge;
b
in relation to a person mentioned in subsection (2)(b), a circuit judge;
c
in relation to any person mentioned in subsection (2), one of the judges nominated by virtue of section 46(2)(a) to (c).
4
Court of Protection Rules may make provision—
a
that, in such cases as may be specified, an appeal from a decision of the court may not be made without permission;
b
as to the person or persons entitled to grant permission to appeal;
c
as to any requirements to be satisfied before permission is granted;
d
that where a higher judge of the court makes a decision on an appeal, no appeal may be made to the Court of Appeal from that decision unless the Court of Appeal considers that—
i
the appeal would raise an important point of principle or practice, or
ii
there is some other compelling reason for the Court of Appeal to hear it;
e
as to any considerations to be taken into account in relation to granting or refusing permission to appeal.