The Court of Protection Rules 2007

Permission to appeal

172.—(1) Subject to paragraph (8), an appeal against a decision of the court may not be made without permission.

(2) Any person bound by an order of the court by virtue of rule 74 (persons to be bound as if parties) may seek permission to appeal under this Part.

(3) Permission is to be granted or refused in accordance with this Part.

(4) An application for permission to appeal may be made to the first instance judge or the appeal judge.

(5) Where an application for permission is refused by the first instance judge, a further application for permission may be made in accordance with paragraphs (6) and (7).

(6) Where the decision sought to be appealed is a decision of a district judge, permission may be granted or refused by—

(a) the President;

(b) the Vice-President;

(c) one of the other judges nominated by virtue of section 46(2)(a) to (c) of the Act; or

(d) a circuit judge.

(7) Where the decision sought to be appealed is a decision of a circuit judge, permission may only be granted or refused by one of the judges mentioned in paragraph (6)(a) to (c).

(8) Permission is not required to appeal against an order for committal to prison.