If you are unhappy with the judge — your rights, appeals and McKenzie friends

What you actually have to show

• The decision was wrong — a mistake of law, a mistake about the facts that matters, or a decision outside the range a reasonable judge could reach; or
• The hearing was unjust because of a serious procedural irregularity — for example you were not allowed to give evidence, key evidence was ignored, or PD12J was not followed and no fact-finding was held where abuse was alleged.

How to do it

• Ask the judge for permission to appeal at the end of the hearing — say it out loud, it costs nothing.
• Ask for a transcript or the judge's written reasons. There is a scheme that can pay for transcripts for people who cannot afford them.
• File form N161 (appellant's notice) with your grounds of appeal — short, numbered, each one saying what the error was.
• File within 21 days. If you are late, ask for an extension of time and explain why, but assume it may be refused.
• Get advice before filing if you can: legal aid, a law clinic, Support Through Court, or a direct access barrister for a one-off look at your grounds.

Asking a judge to step down (recusal)

If a fair-minded observer would think there was a real possibility of bias, you can ask the judge to remove themselves from your case.

• Raise it at the hearing, politely and calmly, and ask for it to be recorded that you applied.
• Give the reason — for example a connection to the other party, or comments that show the mind is made up.
• If refused, that refusal can itself be a ground of appeal.

Complaining about behaviour

• Complaints about a judge's conduct — rudeness, discrimination, falling asleep, refusing to let you speak — go to the Judicial Conduct Investigations Office (JCIO), normally within three months.
• The JCIO cannot change the decision. Only an appeal can do that.
• Complaints about the court office, lost papers, delays or the building go to HMCTS through the court's complaints process, then the Parliamentary and Health Service Ombudsman via your MP.
• If a special measure you needed (a screen, a separate entrance, a separate waiting room) was refused, put that in writing — it may also be an appeal point.

Practical things that make a real difference

• Ask for special measures in advance, in writing, on form C1A or by email to the court — screens, separate waiting, joining remotely, staggered arrival.
• Bring a written 'position statement' — one or two pages saying what you want the court to order and why. Judges read them.
• Number your pages and take three copies of everything: you, the judge, the other side.
• Write your three key points on a card. If you freeze, read the card.
• Ask the judge to explain anything you do not understand. You are entitled to understand your own hearing.
• Ask for the order to be read out at the end so you know what was actually decided.

McKenzie friends

A McKenzie friend is someone who sits with you in court to support you. They can take notes, keep your papers in order, and quietly give you advice during the hearing.

• What they can do: sit beside you, take notes, organise documents, whisper suggestions.
• What they cannot normally do: speak for you, question witnesses, or sign court documents — that needs the judge's permission ('rights of audience'), granted only case by case.
• You do not need permission simply to have one, but tell the court in advance, in writing, giving their name and whether they are being paid.
• The judge can refuse if the person would not help the fair running of the case — for example if they are a witness or have a personal interest.
• They can be free (a friend, a family member, a charity volunteer through Support Through Court) or paid (a professional McKenzie friend).
• Paid McKenzie friends are not regulated and are not insured like solicitors. Ask about experience, cost in writing, and never let anyone tell you to hide things from the court.