Form 55H - Notice of Appeal: Assisted Decision-Making (Capacity) Act 2015

What this form is for

• • Use this form when appealing a decision about someone's capacity
• • Use this form when disagreeing with a decision made by a Decision-Making Representative
• • Use this form when challenging a decision made by a Co-Decision-Maker
• • Use this form for appeals related to capacity assessments
• • Do not use this form for appeals under other legislation

Use this form or another form?

Deadline or filing window

Appeals must generally be filed within 21 days of receiving the decision you wish to challenge. This deadline is strictly enforced, and extensions are only granted in exceptional circumstances.

Before you submit

• • Form is fully completed with all sections answered
• • All personal details of parties are accurate
• • Grounds for appeal are clearly stated
• • Supporting documents are attached
• • Correct court fee is paid if required
• • Copy of the form is kept for your records
• • Form is signed and dated correctly

How to file this form

1. 1Obtain the official Form 55H from the Courts Service website or court office
2. 2Complete all sections with accurate information
3. 3Prepare any supporting documents that strengthen your appeal
4. 4Pay the required court fee if applicable
5. 5Submit the completed form to the appropriate court office
6. 6Keep a copy of the submitted form and any receipt
7. 7Note the date of submission for reference

Known limitations

• • This form cannot be used to appeal decisions under other legislation
• • The appeal must be based on proper legal grounds, not just disagreement
• • The court may refuse to hear an appeal if it's considered frivolous or vexatious
• • Appeals do not automatically stay the implementation of the original decision
• • Legal representation is recommended but not required