WHAT IS FORM N161 USED FOR?

Form N161 is the form used to appeal a decision made by a court. This form is also known as the appellants notice. This form cannot be used to appeal to the family division of the high court. For this, you will need to complete form FP161. 

Form N161 is used if you are appealing all other family court decisions made by the following – 

• A magistrate.
• District judge in the family court.
• Form N161 is also used for a second appeal.
• Circuit judge in the family court where the decision is about contempt of court

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM N161?

There are government guidance notes to complete form N161.

LINK TO GOVERNMENT GUIDANCE NOTES FOR FORM N161 

You can also click on the following links for help. 

LINK TO OUR L.I.P HELP GUIDE FOR HOW TO APPEAL A FAMILY COURT DECISION

IS THERE A FEE TO SEND FORM N161 TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form N161 to the court is £215.00

Please refer to government guidance form 200 which lists fees.

LINK TO GOVERNMENT GUIDANCE FORM 200 FOR FEES

• Please attach a cheque or postal order made payable to HM Courts & Tribunal Service to your form N161.
• If you are on certain benefits or on a low income you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form N161 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to write on the form you are asking help with, in this case, form N161.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes)

HOW TO COMPLETE FORM N161 AND WHERE TO SEND IT.

• NOTE 1 – The spouse/ex-partner who initiated the original court hearing that is being appealed is called the petitioner or applicant. The other ex-partner is the respondent. The spouse/ex-partner completing and submitting form N161 is known as the appellant.
• NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  3 – If you find there is not enough space to complete your answers on your form N161 then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 4 – Please send at least 3-4 copies of form N161, any evidence and attachments to the court. The court will distribute the copies accordingly. One copy is required for the court and one for each party in the proceedings.
• NOTE 5 – Please keep a copy of your form N161, all evidence, attachments and other forms for yourself outside of the ones you send to the family court.
• Form N161 is 12 pages long.
• Section 1 will ask you to write down the case number of the court hearing you are appealing, your help with fees reference number, and the applicant and respondents full names. You will also be asked for the full name, address, telephone number and email of the appellant and respondent to the appeal. 
• Section 2 will ask you to write down the name of the court where the hearing that you are appealing took place (the county court, the family court or high court). It will also ask you the status and name of the judge whose decision you are appealing, the date of the court hearing and whether the decision you wish to appeal is a previous appeal decision.
• Section 3 will ask you if you are legally represented and if you are you must answer the questions in the boxes provided. You will be asked if you are in receipt of a civil legal aid certificate, then you will be asked of the respondent is legally represented and if they are you must provide details in the boxes provided. 
• Section 4 will ask you if you need permission to appeal and has it been granted. If permission has been granted you must tick the ‘YES’ box and then in box A give the date of the court order granting permission and the name of the judge that has granted. If permission has not been granted you must tick the ‘NO’ box then you must write your name in box B asking for permission to appeal. If you have only been given part permission to appeal by the court whose decision you are appealing and you want permission to appeal in respect of the grounds that have been refused then please tick the relevant box. Please note that if you want to make a second appeal you can only do so if the Court Of Appeal in London gives you permission and this is where your permission to appeal should be sent.
• Section 5 will ask about the court order you are appealing about. If you have a copy please attach it to your form N161. You will also be asked if you have submitted form N161 on time. If not you will need to complete part B of section 10 and detail the reasons in section 11.
• Section 6 will ask you to write down your grounds of appeal on a separate sheet of paper and attach it to form N161. Please title the sheet ‘grounds for appeal’ and write down your name, date of birth and case number. The grounds for appeal are the reasons why you wish to appeal/why you are saying the judge was wrong. Your grounds of appeal must be written in numbered paragraphs or bullet points. Your grounds for appeal must not be about new evidence that has just come to light. Please tick the box to confirm that your grounds of appeal have been attached to your form N161. 
• Section 7 will ask you to write a skeleton argument explaining in further detail your grounds for appeal. Your skeleton argument must contain what type of hearing you are appealing, what in the court order you are appealing, why you believe the court order is wrong, and what decision or what you want the court that is hearing your appeal to do. It must explain in detail the reasons for your appeal including why the initial decision is wrong, if it is due to a procedural reason, or an irregularity in the proceedings. This whole document should not really be longer than 20-25 pages. The skeleton argument can be sent in with form N161 or within 14 days after submitting form N161. You must tick the relevant box whether you are sending in the skeleton argument now with form N161 or later within 14 days. The government has provided a template for a skeleton argument for you to use. It is called form N163. This template is only used for appeals. Please click on the link to access it.

LINK TO OUR L.I.P HELP GUIDE FOR FORM N163

• In section 9 you will need to tell the court whether you want them to set aside the court order you are appealing, vary it or have a new trial. Please tick the relevant box and give an explanation where asked.
• In Section 10 you can make applications within your appeal case such as a stay/stop of the original court order or proceedings or an extension of time to file your form N161. You can make these applications by ticking the relevant box in section 10 of form N161 and giving detailed reasons in section 11. If there are any other additional applications you wish to make within this appeal, in connection with your appeal, you can do this using the application form N244. Once completed, you can send this form alongside form N161.
  • • Please tick box in part A if you want to apply for a stay of execution to stop the original court order being executed until after the appeal has been decided. Please write in section 11 why you want this stay and any evidence to support this. 
    • Please tick box in part B if you want to apply for more time to send in your appeal. Please write in section 11 why there is a delay.
    • Please tick box C if you want to apply for a specific order within your appeal. Please write in section 11 the details of this order and why you want it.

LINK TO OUR L.I.P HELP GUIDE FOR FORM N244 

• In section 11 you will be asked to detail any evidence you wish to rely on to support your appeal and reasons for applications you wish to make in section 10. You can write a witness statement in the space provided and continue on an attached sheet if you wish. Please put your name, date of birth and case number on the attached sheet.
• Section 12 will ask if you or any witness that will give evidence on your behalf have a vulnerability that the court should take into consideration. If there is please write in the box provided what support and adjustments the court and judge can provide.
• Next you will be asked to sign a statement of truth.
• Section 13 details how many copies of form N161 you will need to send. It will also list all supporting documents you will need to send alongside form N161. Please tick the relevant box if you are submitting any of these documents with your form  N161. If you are sending in any of these documents after you have submitted form N161 you must list this document, the reason why it has not been supplied and the date when it will be supplied on page 10 in section 12. You should send 3 copies of every form and document to the court. If there are more respondents then you should send a copy for each of them. The documents you can send if they are relevant to your case are – 
  • • A copy of your completed form N161 – Including your sheets of paper listing your grounds for appeal. You should also send a copy for each respondent if there are more than 1.
    • A sealed or stamped copy of the court order you wish to appeal – You can send this attached to form N161 or after you have submitted form N161 if you do not have it.
    • A copy of the court order giving or refusing permission to appeal and a copy of the judge’s reasons for allowing or refusing permission to appeal. – If you have a copy of this then send it with form N161.
    • Skeleton argument detailing grounds for appeal. – If your skeleton argument is ready to send when you submit form N161 please tick the relevant box. If it is not ready then you can send it to the court hearing your appeal within 14 days. You must send copies for each of your respondents. 
    • Evidence – Attach any evidence you will need to rely on to form N161. If you need to get hold on it then you can send it to the court hearing your appeal after you have submitted form N161. 
    • A copy of your legal aid certificate or CLSF certificate if you have one. 
    • Copies of any documents referred to in the original court order you are appealing.
    • A copy of any witness statement to support any applications within your appeal, in connection with your appeal.
    • Where the decision of the lower court was itself made on appeal, a copy of the first court order, the reasons given by the judge and the appeal form against the order.
    • In a claim for a judicial review or a statutory appeal a copy of the original court order which was the subject of the application to the lower court.
    • Transcript or a note of judgement – You will probably need to apply for this first and make sure it reaches the court that will hear your appeal. It will reach the court probably after you have submitted form N161. 

Please note that all court hearings are recorded. A written record of this is called a transcript. You must provide a transcript of the hearing for the appeal judge. The application form used to get a transcript is called form EX107. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM EX107’. 

There is a fee to send form EX107 to the court. If you are on a low income or on certain benefits, you get the costs of the transcript paid for you. You will need to complete form EX105. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM EX105’.

You can apply for parts of the transcript or for the whole transcript – that is your choice depending on how much of the transcript you need. Court transcripts are costly and the more of it you order, the more money it will cost you. You must send your appellants notice in on time, even if you do not have a transcript. You must inform the court in section 12 of form N161 that you have applied for a transcript and they will have it in due course. If you cannot get a transcript, the appeal will go ahead without one and either you or your barrister/solicitor who represented you can forward a detailed note/statement about the hearing you are appealing. Your ex-partner’s barrister/solicitor could also do this, but you must be cautious if you go down this route. It could cost you money and they may not give the right information that you need for your appeal. You can also ask the court to look at the notes of the court legal adviser if your case was heard by a magistrate or the court can look at the judge’s notes. 

For more information about transcripts please click on the link below.

LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A COURT TRANSCRIPT

• Section 14 will ask you to sign the form.
• The government have set up a webpage where you can find out where to send your appeal form, statements, and bundle by answering some questions and the webpage will give you the answer.

LINK TO GOVERNMENT WEBSITE TO FIND OUT WHERE TO SEND YOUR APPEAL FORM

WHERE CAN YOU FIND FORM N161/DOWNLOAD THIS FORM?

Please click on the link below to download form N161 from the government website. Please complete and send by post (recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM N161

WHEN WAS FORM N161 FIRST PUBLISHED AND LAST UPDATED?

Form N161 was first published by the government (HM Courts & Tribunals Service) on 01-03-2017 and it was last updated on 30-10-2023.