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Appeals against Guardianship Board orders

Appeals against Guardianship Board orders can be made to the Administrative and Disciplinary Division of the District Court [Guardianship and Administration Act 1993 s 67]. Appeals against detention or Continuing Detention Orders are available as a right, that is the person appealing has an automatic right of appeal. In other appeals against Board orders the permission of the Board or the Administrative Appeals Court in the form of 'leave to appeal' must be obtained. Generally leave to appeal will be granted if the person appealing demonstrates that she or he has fresh information, changed circumstances or an argument that the Board made the wrong decision, made an error in applying the law or the hearing was unfair.

In any appeal or application for leave to appeal to the Administrative and Disciplinary Division of the District Court, the patient has a right to free legal representation.

Unless the court agrees to extend time an appeal against a Board order must be made within twenty eight days of the Board's decision or from receiving a Statement of Reasons (request for reasons must be made within 7 days of the order), whichever event is the later. Appeal forms and details of the free legal representation scheme are obtainable from the Guardianship Board.

Where a person disagrees with a decision of the Administrative Appeals Court there is a limited right of appeal to the Supreme Court (Guardianship and Administration Act 1993 s 70). Details of these appeal rights are obtainable from the Guardianship Board.


Appeals against Guardianship Board orders  :  Last Revised: Thu Nov 29th 2001




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