Court of Protection Forms
Scope of this chapter
This chapter explains the different forms that are required for each Court of Protection application type.
When completing the forms, you should also see: The Application Process.
Amendment
In December 2024, this chapter was refreshed following a legal review.
If you are familiar with the circumstances of the case as part of your role as the organisation’s representative, you may be asked to complete a range of Court of Protection forms (COP forms) as:
- Part of an application to the Court; or
- During any part of proceedings.
The required forms will depend on the type of application being made to the Court.
The most common types of Court application are:
- To review a standard or urgent authorisation of a deprivation of liberty in a care home or hospital (made on form COPDLA);
- To authorise a deprivation of liberty in a setting other than a care home or hospital where all parties agree (made on form COPDOL11);
- To make a welfare decision about what is in the person’s best interests (made on COP1);
- To appoint a Deputy for property and affairs (made on form COP1); and
- To make a financial decision about what is in the person’s best interests (made on form COP1).
Guidance on all the different forms that are required for each application type are set out in the following sections of this chapter.
The most common form you are likely to be asked to complete is a COP24 witness statement which sets out your evidence to the Court. You may also need to complete the various application forms setting out what the Court is being asked to do and the reasons why. If you have carried out a mental capacity assessment, you may also be asked to complete a COP3 which is the Court form for providing evidence of mental capacity.
You should always be provided with appropriate legal support when completing forms.
Court of Protection forms are available online. They can be downloaded then amended as required and printed or emailed securely.
Before completing any form, you should check whether any formal guidance exists. This will be found either:
- On the top or bottom of the form itself; or
- As a leaflet, accessed from the same page as the main list of forms.
If you are in any doubt about how to complete a form, seek legal support as soon as possible, as most forms have a limited timeframe in which to be completed and submitted to the Court.
This resource contains some basic guidance about completing COP1, COP3 and COP24.
See: The Application Process.
Once an application has been sent to the court, it will be ‘issued’. This is the formal start of the proceedings. Once issued, the application will be put before a judge who may make the order requested or give instructions (known as directions) about how the case will proceed. It is usual for various people to have to be notified about the application and for the Court to require formal confirmation in the form a certificate that this has been done. The person notified may complete an acknowledgement form setting out whether they agree with the application or oppose it and whether they want to formally participate in the proceedings.
See: The Application Process.
The following are the forms that need to be used either:
- During an application regarding property and affairs; or
- During proceedings after an application notice has been issued.
| Name of Form | Number of form | When to use | How to use |
|---|---|---|---|
| Court of Protection application form | COP1 | To start the application | This form should be completed by the applicant and submitted to the Court. |
| Annex A - Supporting information for property and affairs applications | COP1A | To start the application | This form should be completed by the applicant and submitted to the Court with the COP1. |
| Assessment of Capacity | COP3 | To start the application | This form should be completed by the individual who has assessed P's capacity. It should be provided to the applicant who must submit it to the Court with the COP1. |
| Deputy’s declaration | COP4 | If required | This form should only be completed where the application is for the appointment of Deputy for property and affairs. It should usually be completed by the proposed Deputy and submitted to the Court with the COP1. Where the Court is being asked to appoint a panel Deputy, the COP4 is completed once a panel Deputy has been identified. |
| Witness statement | COP24 | As required | This form should be completed by any individual providing written evidence, either to support the application or during the proceedings. Once the application has been issued by the Court, the Court will usually set out when a witness statement is required and what issues it should cover. |
| Notification form and Acknowledgement of notification - from the person to whom the application relates | COP14PADep | After the Court has issued the application | This form should only be completed where there is an application for the appointment of a Deputy for property and affairs. It must be provided to the person who lacks (or may lack) capacity and explained to them. The certificate section must be completed by the individual who notified the person, and the acknowledgement section provides an opportunity for them to express their views about the application. |
| Proceedings about you in the Court of Protection | COP14 | After the Court has issued the application | This form should only be completed where there is an application for a decision about the person’s property and affairs where the appointment of a Deputy is not sought. It must be provided to the person who lacks (or may lack) capacity. A verbal explanation should also be given as required to support the person to understand the content of the form. Form COP20A must be completed after notifying the person. |
| Certificate of notification/ non-notification of the person to whom the proceedings relate | COP20A | Following notification using form COP14 | The individual who notified the person to whom the application relates must complete this form to confirm that it has been done (or in certain circumstances, not been done). COP20A is only used in cases where the application is not for the appointment of a Deputy. |
| Notification form and Acknowledgement of notification - person’s with an interest in the application | COP15PADep | After the Court has issued the application | This form should only be completed where there is an application for the appointment of a Deputy for property and affairs. It should be given to any person named in COP1 as either a party to the proceedings, or an interested party. It allows the interested party to tell the Court whether they agree or disagree with the application and declaration being sought. Each person should also be given a blank COP5 form at the same time. Note: At least 3 people must be named as interested parties and provided with this form. |
| Notice that an application form has been issued | COP15 | After the Court has issued the application | This form should only be completed where there is an application for a decision about the person’s property and affairs where the appointment of a Deputy is not sought. It must be provided to any person named in COP1 as either a party to the proceedings, or an interested party. Each person should also be given a blank COP5 form at the same time. |
| Acknowledgement of service/notification | COP5 | After the Court has issued the application notice | A blank copy of COP5 should be provided to any person notified of the application through a COP15PADep or COP15. It allows them to request to become a party to the proceedings and have their views taken into account. It is for the person receiving the COP5 form to complete it and return it to the Court if they wish to do so. |
| Certificate of service/non-service notification/ non-notification | COP20B | Following notification using form COP15 | The individual who notified the interested persons must complete this form to confirm that it has been done (or in certain circumstances, not been done). COP20B is only used in cases where the application is not for the appointment of a Deputy. |
The following are the forms that need to be used either:
- During an application regarding welfare; or
- During proceedings after an application notice has been issued.
| Name of Form | Number of form | When to use | How to use |
|---|---|---|---|
| Court of Protection application form | COP1 | To start the application | This form should be completed by the applicant and submitted to the Court. |
| Annex B - Supporting information for personal welfare applications | COP1B | To start the application | This form should be completed by the applicant and submitted to the Court with the COP1. |
| Assessment of Capacity | COP3 | To start the application | This form should be completed by the individual who has assessed P's capacity. It should be provided to the applicant who must submit it to the Court with the COP1. |
| Deputy’s declaration | COP4 | If required | This form should only be completed if the application is seeking the appointment of a welfare Deputy. It should be completed by the proposed Deputy and submitted to the Court with the COP1. |
| Witness statement | COP24 | As required | This form should be completed by any individual providing written evidence, either to support the application or during the proceedings. Once the application has been issued by the court, the court will usually set out when a witness statement is required and what issues it should cover. |
| Proceedings about you in the Court of Protection | COP14 | After the Court has issued the application | This form should be completed by the applicant and provided to the person who lacks (or may lack) capacity. It notifies them that Court proceedings have started and the reasons for this. A verbal explanation should also be given as required to support the person to understand the content of the form. Form COP20A must be completed after notifying the person. |
| Certificate of notification/non-notification of the person to whom proceedings relate | COP20A | After the person has been notified | The individual who notified the person to whom the application relates must complete this form to confirm that it has been done (or in certain circumstances, not been done). |
| Notice that an application form has been issued | COP15 | After the Court has issued the application | This form should be completed by the applicant and given to any person named in COP1 as either a party to the proceedings, or an interested party. Each person should also be given a blank COP5 form at the same time. |
| Acknowledgement of service/notification | COP5 | After the Court has issued the application | A blank copy of COP5 should be provided to any person notified of the application through a COP15. It is for the person receiving the COP5 form to complete it and return it to the Court if they wish to do so. |
| Certificate of service/non-service/non-notification | COP20B | After forms COP15 and COP5 have been provided | The individual who notified the interested persons must complete this form to confirm that it has been done (or in certain circumstances, not been done). |
Where a standard or urgent authorisation has been granted, section 21A of the Mental Capacity Act gives the person being deprived of their liberty or the Relevant Person’s Representative (RPR) the right to challenge the arrangements by asking the Court of Protection to review the authorisation.
The relevant forms are:
- COP DLA - this is the form to make the application;
- COP DLB - this additional form is required where there is exceptional urgency and must accompany the COPDLA;
- COP DLD - for confirming service/non-service or notification/non-notification; and,
- COP DLE - the acknowledgement of service.
The application to the Court will usually be made by the person’s RPR or legal representative. However, if the Local authority is aware that the person is objecting to the deprivation of liberty and there is an undue delay in the matter being brought before the court, the Local authority must make a welfare application itself using the normal welfare application forms.
The following are the forms that need to be used for a streamline application (sometimes referred to as a Re:X application).
The streamlined procedure can be used where the person:
- Is an adult who is deprived of his or her liberty in a setting other than a hospital or care home; and
- There is no dispute that the arrangements are in their best interests.
Note: Applications to authorise a deprivation of liberty that fall outside the remit of the streamlined procedure must be made using form COPDLA. Where the application is urgent, form COPDLA must be accompanied by form COPDLB, setting out the reasons for the urgency and a draft order provided.
| Name of Form | Number of form | When to use | When to use |
|---|---|---|---|
| Application to authorise a deprivation of liberty(Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005) | COPDOL11 | To start the application | This form should be completed by the applicant. It contains 3 Annexes (A, B and C), all of which must also be completed. |
| Assessment of capacity | COP3 | To start the application | This form should be completed by the individual who has assessed P's capacity. It should be provided to the applicant who must submit it to the Court with the COP DOL10. |
The following evidence/information must also be submitted with the application:
- Mental Health Assessment;
- A copy of any Advanced Decision;
- A copy of any Lasting Power of Attorney;
- Any relevant Court Orders;
- Care or Support Plan (dated and clearly labelled);
- Best Interests Statement.
The Court will normally authorise deprivations of liberty without the need for an oral hearing, unless:
- The person who is deprived of their liberty or another interested person objects to any aspect of the application;
- The person’s capacity, whether or not he is being deprived of his liberty or whether the deprivation is in his Best Interests is being contested by anyone; or
- The applicant has not taken reasonable steps to consult with the person or any other interested person who it would be reasonable to consult with;
- The Court has concerns about any of the information provided by the applicant;
- The applicant has recommended a full hearing and the Court is in agreement;
- The Court considers for any reason that an oral hearing would be appropriate.
If the Court decides that an oral hearing is required, the following forms will also be required:
| Name of Form | Number of form | When to use | When to use |
|---|---|---|---|
| Witness statement | COP24 | Throughout proceedings as required | This form should be completed by any individual providing written evidence during proceedings. It should be provided to the applicant who must submit it to the Court. The Court may direct when a witness statement is required and what issues it should cover. |
| Proceedings about you in the Court of Protection | COP14 | After the Court has issued the application and listed an oral hearing | This form should be completed by the applicant and provided to the person who lacks (or may lack) capacity. It notifies them that Court proceedings have started and the reasons for this. A verbal explanation should also be given as required to help the person to understand the content of the form. Form COP20A must be completed after issuing the COP14. |
| Certificate of notification/non-notification of the person to whom proceedings relate | COP20A | After the person has been notified | The individual who notified the person to whom the application relates must complete this form to confirm that it has been done (or in certain circumstances, not been done). |
| Notice that an application form has been issued | COP15 | After the Court has issued the application and listed an oral hearing | This form should be completed by the applicant and given to any person named in Annex B of form COP DOL10. They should also be given a blank COP5 form at the same time. |
| Acknowledgement of service/notification | COP5 | After the Court has issued the application and listed an oral hearing | A blank copy of COP5 should be provided to any person notified of the application through a COP15. It is for the person receiving the COP5 form to complete it and return it to the Court if they wish to do so. |
| Certificate of service/non-service/non-notification | COP20B | After forms COP15 and COP5 have been provided | The individual who notified the interested persons must complete this form to confirm that it has been done (or in certain circumstances, not been done). |
Last Updated: November 27, 2024
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