Applying to the Court of Protection: COP3 Capacity Report


Does anybody have experience of a court of protection application process? I have downloaded and completed all of the forms except the witness statement which I still have to do (COP24). However I have hit a stumbling block with the capacity report as the LA social work assessor is saying he can’t fill the form in and that he has to do another assessment and he has to do it with the community psychiatric nurse as he feels that there are communication issues with my mum and the CPN knows her better. I haven’t been asked to be included of course. He says this will take two weeks.

As a psychotherapist, qualified to make capacity assessments, I could do it but it wouldn’t be ethical.

I don’t really want to wait for two weeks to submit my application, as my mum is suffering from isolation at least and I also feel the care at the home is inadequate.

So I am wondering if there is a process for submitting my application without having to wait for the social work assessor’s report. I am doing my best not to think that this is a delaying tactic but it could be.

Any thoughts anyone?


I’m afraid you won’t get court of protection for your mother until all the relevant information is gathered and submitted. Including a form from a GP to prove he agrees your Mother has not the capacity to make decisions. It’s a lengthy business sadly and costly. I waited a while for my husband’s and in the meantime I was stuck with trying to explain to company’s etc. A frustrating time and I do understand. You have to hang fire I’m afraid.

OK thanks for the clarification Pet66. It will actually be the social work assessor who will be doing the capacity assessment, together with the CPN. He did say that he could only complete the form if he finds that my mum lacks capacity but actually the COP3 form asks for an assessment, whatever it is (capacity assessed or not) and asks for details of people who disagree (as things stand that would be me). So I have sent an email clarifying that this evening.

So it seems that I have to just keep waiting and pushing (or find an alternative assessor). Currently I’m have been given a two-week time frame for the assessment form so hopefully it won’t take longer than that and in the meantime I will prepare my witness statement.