Court of Protection (COP3) Assessments & Reports in Sussex

When Might a COP3 Report Be Needed?

Property and financial affairs

Capacity evidence for relevant financial or property applications.

Deputyship applications

Supporting evidence for applications to appoint a deputy.

Other suitable applications

Where the court requires relevant capacity evidence.

A COP3 report may be required as part of certain Court of Protection applications.

Examples include:

Deputyship Applications

Where an application is being made for someone to be appointed as a deputy to make decisions about another person's property and financial affairs.

Property and Financial Matters

Where the court requires evidence about a person's capacity to make particular financial or property-related decisions.

Other Court of Protection Applications

Where a COP3 form is required to provide evidence about the person's capacity in relation to the relevant decision.

The precise assessment requirements depend on the application and the court's directions.

I consider each referral individually to establish whether the assessment is suitable for my professional role and experience.

An Independent, Evidence-Based Approach

A COP3 assessment requires careful consideration of the person's ability to make the specific decision relevant to the application.

My approach is guided by the Mental Capacity Act 2005 and its five statutory principles.

I take time to consider the person's circumstances, relevant information and communication needs, ensuring that appropriate support is provided wherever practicable.

Depending on the agreed instruction, my work may include:

• Clarifying the decision or decisions to be assessed.

• Reviewing relevant background information and available records.

• Considering the person's communication and support needs.

• Meeting with the person on more than one occasion to undertake the assessment.

• Consulting relevant individuals or professionals where appropriate and lawful.

• Applying the Mental Capacity Act's decision-specific test.

• Completing the COP3 form with clear reasoning and reference to the relevant evidence.

My findings are independent and cannot be predetermined by the person commissioning the assessment.

I recognise the importance of producing clear, proportionate evidence that accurately reflects the assessment undertaken, including any limitations.

COP3 Assessment and Report Fees

From £400

My fee for a COP3 assessment and report starts from £400.

The final fee will depend on the complexity of the assessment, the relevant decision, the information requiring review and any additional reporting requirements.

I will provide a written quotation before accepting the instruction.

Payment arrangements

A 30% deposit is payable when the instruction is accepted.

The remaining 70% is payable when the agreed report is completed, normally before release.

Any additional work or expenses will be discussed and agreed in advance.

If a factual or administrative error attributable to my work needs correcting, I will take reasonable steps to correct it without an additional professional fee.

I cannot guarantee that the court will accept a report without further questions or that an application will achieve a particular outcome.

Frequently Asked Questions

Who can request a COP3 assessment?

Solicitors, family members and other professionals may enquire about arranging a COP3 assessment.

Before accepting an instruction, I will consider its purpose, the person's circumstances, the legal and professional requirements, and the arrangements for obtaining and sharing information.

Can a social worker complete a COP3 report?

A suitably qualified and experienced professional may be able to complete a COP3 assessment, depending on the requirements of the application and their competence to assess the relevant decision.

I consider each instruction individually to ensure that it is appropriate for my professional role.

Does a dementia diagnosis mean a person lacks capacity?

No. A diagnosis alone does not establish a lack of mental capacity.

Capacity must be assessed in relation to the particular decision and at the relevant time.

Can you guarantee the outcome?

No. My assessment and report must be independent and based on the relevant evidence.

The Court of Protection is responsible for determining the application and the weight to give the evidence.

Can you undertake a home visit?

Home visits are available across Sussex and surrounding areas, subject to the circumstances of the assessment and any agreed travel arrangements.

How quickly can the report be completed?

Timescales depend on availability, the person's circumstances, the complexity of the assessment and the information required.

Please mention any court deadlines when making your initial enquiry so I can advise whether the timescale is achievable.