Official form guide
Form 55H - Notice of Appeal: Assisted Decision-Making (Capacity) Act 2015
Form 55H is a Notice of Appeal form used to challenge decisions made under the Assisted Decision-Making (Capacity) Act 2015 in Ireland. This form should be used when you disagree with a decision affecting someone's capacity and wish to have it reviewed by a higher court.
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Form Overview
Courts Service of Ireland - Form 55H - Notice of Appeal: Assisted Decision-Making (Capacity) Act 2015
Form 55H is a Notice of Appeal form used to challenge decisions made under the Assisted Decision-Making (Capacity) Act 2015 in Ireland. This form should be used when you disagree with a decision affecting someone's capacity and wish to have it reviewed by a higher court.
Risk Radar
Scan points- 1The most common mistake is missing the strict 21-day appeal deadline.
- 2Missing the 21-day appeal deadline
- 3Failing to properly identify the decision being appealed
- 4Not providing sufficient grounds for appeal
- 5Incorrectly completing personal details of parties involved
Plain English
If you think a decision about someone's ability to make their own choices is wrong, this form lets you ask a higher court to look at it again. It's like asking a referee to review a decision in a game.
Submission Date
- Filing date: 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.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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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
Form selector
Use this form or another form?
Situation
Why it matters
✓ Check before you continue
Applying for guardianship
Different legal process and requirements
✓ Ensure you're applying under the correct section of the Act
Challenging a medical assessment
Specific to healthcare capacity decisions
✓ Confirm the decision type matches the form
Requesting restoration of capacity
Different legal procedure for capacity restoration
✓ Verify you're not confusing appeal with restoration
Applying for decision-making assistance
For assistance arrangements, not appeals
✓ Ensure you need an appeal, not assistance
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
- 1Form is fully completed with all sections answered
- 2All personal details of parties are accurate
- 3Grounds for appeal are clearly stated
- 4Supporting documents are attached
- 5Correct court fee is paid if required
- 6Copy of the form is kept for your records
- 7Form is signed and dated correctly
How to file this form
- 1Obtain the official Form 55H from the Courts Service website or court office
- 2Complete all sections with accurate information
- 3Prepare any supporting documents that strengthen your appeal
- 4Pay the required court fee if applicable
- 5Submit the completed form to the appropriate court office
- 6Keep a copy of the submitted form and any receipt
- 7Note the date of submission for reference
Known limitations
- 1This form cannot be used to appeal decisions under other legislation
- 2The appeal must be based on proper legal grounds, not just disagreement
- 3The court may refuse to hear an appeal if it's considered frivolous or vexatious
- 4Appeals do not automatically stay the implementation of the original decision
- 5Legal representation is recommended but not required
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This form is current as of the Assisted Decision-Making (Capacity) Act 2015, which replaced older capacity legislation. No recent changes confirmed in official source.
What changed or needs a fresh check
- Check if the form references recent amendments to the Act
- Verify current court fees are applicable
- Confirm the correct court address for submission
- Check for any updated guidance notes attached to the form
- Verify if electronic submission options are now available
Quick Facts
Form Details
- Revision date
- 04/04/25
Sources
- SRCForm issued by Courts Service of Ireland
- SRCRelated to Assisted Decision-Making (Capacity) Act 2015
- SRCStandard appeal period is 21 days
- SRCForm is used for challenging capacity decisions
- SRCNot confirmed in official source: exact filing procedures
- SRCNot confirmed in official source: current court fees
- SRCNot confirmed in official source: electronic submission options
- SRCNot confirmed in official source: specific court addresses for submission
Common confusion points
Confusing appeal deadlines with other time limits under the Act
Uncertainty about which court has jurisdiction for the appeal
Misunderstanding the difference between appealing and seeking a review
Confusion about who can legally file the appeal on behalf of another person
Uncertainty about whether the original decision remains in effect during appeal
Confusing capacity appeals with other types of court proceedings
Uncertainty about whether legal representation is required
Source transparency
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