Apply for a one-off decision from the Court of Protection
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1. Overview
Apply to the Court of Protection if both of the following apply:
- you’re concerned about the personal welfare or property and financial affairs of someone who’s lost mental capacity
- you want to get a one-off decision, for example to stop someone visiting a person who’s lost mental capacity in a nursing home
You can only apply to the court if there’s a major disagreement about a serious decision which cannot be agreed any other way. There are general rules and examples in the Mental Capacity Act 2005 Code of Practice.
Check if someone has an attorney or deputy acting for them before you apply.
If there’s an immediate risk to the person
Apply for an emergency or urgent court order if you think there’s an immediate risk to the person, for example they need emergency medical treatment they cannot consent to.
If the person needs long-term help
You may have to apply to become a deputy if the person needs long-term help with decisions about personal welfare or property and financial affairs.
2. How to apply
Download and fill in:
- an application form (COP1) - send the original and 2 copies
- an assessment of capacity form (COP3) - get the person’s doctor or other medical professional to fill in the relevant parts, and send the original and a copy
You may also need to download and fill in:
- supporting information for property and financial affairs decisions (COP1A) - include any other relevant details by sending a completed witness form (COP24) with your application
- supporting information for personal welfare applications (COP1B) - send the original and a copy
You must pay £408 to apply. You can apply for help paying the fee if you’re getting certain benefits or on a low income.
Send a cheque made payable to ‘HM Courts and Tribunals Service’ with your completed forms.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
Read the application form guidance notes (COP1) if you need help.
What happens next
You must tell:
- the person you’re applying to get a one-off decision for
- people connected to the application
Tell them after you apply.
3. Tell other people you've applied
The Court of Protection will send you a copy of your application forms - they’ll be stamped with an issue date.
You’ll also get a letter from the court telling you what to do next.
You must tell (‘serve’) certain people about the application within 14 days of the issue date.
Tell the person you’re applying to get a one-off decision for
You or your representative must visit the person and tell them:
- who’s applying to get a one-off decision about their personal welfare or property and financial affairs
- that their ability to make decisions is being questioned
- what the one-off decision would mean for them
- where to get advice if they want to discuss the application
You must give the person:
- a completed form COP 14 - use the guidance notes to fill it in yourself
- an acknowledgment form (COP5), so they can confirm they’ve been told
- any other documents related to your application
The person can get advice and assistance from the Court of Protection.
Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Find out about call charges
Tell people connected to the application
You must tell people named on your application that it’s been issued.
Send them:
- a notice that an application form has been issued (COP15)
- an acknowledgment form (COP5) so they can confirm they’ve been told
- any other documents related to your application
You can tell them:
- by post
- by fax or email
- in person
Confirm you’ve told people (‘served notice’)
You must confirm you’ve told people within 7 days of sending the forms. Download and fill in both:
- form (COP20A) for the person you’re applying to get a one-off decision for
- form (COP20B) for other people named in the application
These forms are sometimes called ‘certificates of service’.
You must send both forms to the Court of Protection at the same time.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
4. What happens next
You’ll hear from the Court of Protection after you’ve ‘served notice’ (told other people you’ve applied).
The court will tell you if:
- your application’s been approved or rejected
- you have to provide more information to support your application, for example a report from social services
- it’s going to hold a hearing to make a decision, and when and where it’ll take place
If there’s a hearing
You must attend the hearing. You’ll get a letter with a hearing date (‘notice’) if the court decides to have a hearing.
You must tell the person you’re getting a decision for about the hearing:
- within 14 days of getting the notice
- at least 14 days before the date of the hearing
Fill in the notice about proceedings (COP14) and give it to the person you’re getting a decision for. Use the guidance notes if you need help.
The person can contact the Court of Protection for advice and assistance - you must explain this to them.
Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Find out about call charges
Send a certificate of service (COP20A) to the Court of Protection within 7 days of when you told the person.
You must pay £500 if the court makes a final decision at the hearing.
Get a decision
If there’s a hearing, you’ll get a decision at it or afterwards by post.
You’ll get a decision by post if there is not a hearing.
Challenge a decision
You can apply to the court for the decision to be reconsidered if it was made without a hearing - use form (COP9).
You must apply within 21 days of the date the decision was made.
Appeal a decision
You must ask for permission to appeal if there was a hearing. Download and fill in the appellants’ notice (COP35).
You must pay £230. You can apply for help paying the fee if you’re getting certain benefits or on a low income.