When the answer is no
If you disagree with the decision
Disagreeing is allowed. What matters is how you do it — in writing, on the facts, and through the right route. This page covers disagreeing with a professional's decision before court, and disagreeing with an order the court has already made.
First, work out what kind of decision it is
A professional's decision
A best-interests decision, care plan, funding refusal, placement or contact decision. These are challenged through reviews, second opinions, complaints and — if nothing shifts — an application to the Court of Protection.
A decision of the court
An order made by a judge. These are challenged by asking the court to vary or discharge the order, or by appealing to the next tier — with permission, and usually within 21 days.
Disagreeing with a professional's decision, step by step
1. Ask for the decision in writing, with reasons
Ask who made it, what information they relied on, which options were considered and how P's wishes and feelings were weighed. You cannot challenge what you cannot see.
2. Ask for a review or a fresh best-interests meeting
Say what has changed or what was missed. Ask for minutes, and for your objection to be recorded in P's records word for word.
3. Ask for an independent second opinion
A fresh capacity assessment, an independent social work or OT report, or an IMCA (Independent Mental Capacity Advocate) or other advocate for P. It is IMCA, never "INCA" — using the right name gets a faster answer.
4. Escalate one level up, calmly
Team manager, then head of service, then the director. Keep it factual and short, with dates and documents attached.
5. Use the formal complaints route
Stage 1 with the local authority or ICB, then the Local Government & Social Care Ombudsman or Parliamentary and Health Service Ombudsman.
6. Consider mediation or a round-table meeting
Judges look favourably on families who tried to resolve things. Mediation can be far quicker than a contested hearing.
Ready-made wording is on the template emails page, and the communication examples page shows how to keep it factual.
Disagreeing with an order the court has made
1. Read the order carefully and note the date
Most appeal deadlines run 21 days from the decision unless the order says otherwise. Diarise it immediately.
2. Ask for the reasons or the approved judgment
You can request the judge's reasons or a transcript. You need them to identify a legal error rather than a disagreement.
3. Check whether it is really an appeal you need
If circumstances have changed, or the order was interim, applying to vary or discharge the order (COP9 within existing proceedings) is usually faster and cheaper than appealing.
4. Appeal only on an error of law or serious procedural irregularity
"I disagree with the outcome" is not a ground. Permission to appeal uses form COP35, with numbered grounds — one legal error each.
5. Ask for a stay if you need one
If the order takes effect before an appeal is heard (for example a move), ask the court to pause it.
6. Get advice before you file
Appeals carry costs risks. Speak to a mental capacity solicitor or check Legal Aid eligibility first.
The full appeal ladder, deadlines and the leading cases are on the Appeals & Case Law page. For urgent situations see Courtroom & Urgent.
What not to do when you disagree
Don't go silent
If you say nothing, the record shows agreement. Put a short, factual objection in writing every time.
Don't make it personal
Attacking a social worker or nurse shifts the focus onto you. Criticise the decision and the evidence, never the person.
Don't start a complaint or a claim mid-proceedings without advice
Running parallel battles can make a family look unreasonable. Raise it with your solicitor and the court first — unless it is a safeguarding matter, which always goes straight in.
Don't breach the order while you challenge it
An order stands until it is changed. Ask for a stay or a variation rather than ignoring it.
Don't miss the 21 days
Late appeals need permission to extend time and are often refused. Lodge in time even if the grounds are still being tidied.
Don't argue what you want instead of what P needs
Every point should end with why it is better for P. That is the only test the judge applies.
If you disagree — your steps
0 of 10 doneNot sure who is who? The glossary of roles and terms explains IMCA, RPR, litigation friend, ALR and the rest.
General information written by families, not legal advice. Deadlines and procedure change — check current GOV.UK guidance or take advice from a mental capacity solicitor before you act.