Families usually come across Form COP3 when applying to the Court of Protection for a decision that someone can no longer make for themselves, for example a deputyship for property and financial affairs or for health and welfare. In plain terms, COP3 is the assessment of capacity report that goes in with the application, and it must be current at the time you file. The official form confirms it is filed with COP1 when you start proceedings. GOV.UK (pdf) opens in a new tab
Expert note: The NHS summarises the capacity test as the ability to understand, retain, use or weigh, and communicate a decision. nhs.uk opens in a new tab
When is a COP3 required?
Practice Direction 9A says an assessment of capacity form, COP3, must be filed with the application in all cases unless you fall into a limited set of exceptions, for example certain applications about Lasting Powers of Attorney or applications under PD 9D. If it is not practical to file COP3, the court can accept other evidence, but you will need to explain why COP3 could not be obtained. This is why deputyship applications almost always include a COP3. Courts and Tribunals Judiciary (pdf) opens in a new tab
Government guidance for property and financial affairs and personal welfare deputyship explains the application process and what the court expects, which in practice includes capacity evidence. GOV.UK opens in a new tab
Who completes the COP3?
COP3 has two parts:
- Part A is completed by the applicant or their solicitor. It frames the decision or decisions the court is being asked to make.
- Part B is completed by an appropriate assessor. The form gives examples of appropriate assessors, including medical practitioners and social care professionals, and requires the assessor to set out their qualifications and experience under the Mental Capacity Act. GOV.UK (pdf) opens in a new tab
Key point: It does not have to be a GP or psychiatrist in every case. What the court needs is a suitably qualified and experienced professional who can apply the Mental Capacity Act test to the specific decision, and who can explain their reasoning clearly within the form. GOV.UK (pdf) opens in a new tab
What the assessment involves
The assessment is decision specific and time specific. The assessor will:
- Identify the exact decision or decisions that need evidence, for example managing money, selling a property, consenting to care arrangements.
- Set out the relevant information for each decision, then consider whether the person can understand, retain, use or weigh, and communicate a choice about that information.
- Record any support provided to help the person decide, for example using simple language, visual prompts, an interpreter, or extra time.
- Explain whether an impairment of the mind or brain is present and whether that impairment explains any inability to decide.
- Confirm if the assessment was in person or remote, and give the reason for a remote assessment if used. GOV.UK (pdf) opens in a new tab, nhs.uk opens in a new tab, Legislation.gov.uk opens in a new tab, Bevan Brittan opens in a new tab
From the form: COP3 asks the assessor to be clear about the relevant information for the decision and to address the understand, retain, use and weigh test. GOV.UK (pdf) opens in a new tab
Part A vs Part B, in plain English
- Part A sets the scene, who the person is, what order you need, and the specific decision or decisions to be tested.
- Part B is the expert opinion that answers the Mental Capacity Act questions with evidence, and includes the assessor’s credentials, method used, and a statement of truth. GOV.UK (pdf) opens in a new tab
Common hurdles, with practical ways to avoid them
1) “We thought only our GP could complete Part B.”
The form allows medical practitioners and social care professionals who are appropriately qualified and experienced. If your GP is unable to help, you can instruct an independent assessor who meets the competence requirements set out in the form. GOV.UK (pdf) opens in a new tab
2) “We do not know how to phrase the decision in Part A.”
Write each decision in simple terms, for example “managing day to day money,” “selling 12 High Street,” or “agreeing to move to Rose Cottage Care Home.” List the relevant information for each decision, for example what money management involves, what sale means, or what the care home offers, then make sure the assessor addresses those points. GOV.UK (pdf) opens in a new tab
3) “We are worried a video assessment will be rejected.”
The form explicitly asks whether the assessment was in person or remote, and asks for a reason if it was remote. Courts have accepted remote COP3 assessments when appropriate and well evidenced. If using video, ensure good audio, stable internet, minimal background noise, and that the person can see and hear clearly. GOV.UK (pdf) opens in a new tab, Bevan Brittan opens in a new tab
4) “The application is stuck because we cannot get COP3 quickly.”
PD 9A recognises that sometimes COP3 cannot be obtained. You may file the application with a witness statementexplaining attempts made and why COP3 is not yet available, although judges expect proper capacity evidence as soon as possible. Plan early, book the assessment promptly, and keep a record of all contact attempts. Courts and Tribunals Judiciary (pdf) opens in a new tab
5) “Will a diagnosis alone be enough.”
No. COP3 needs decision specific evidence against the four abilities, not just a label. A diagnosis may explain whycapacity is affected, but it does not replace the functional test. Legislation.gov.uk opens in a new tab, nhs.uk opens in a new tab
6) “What about fees.”
GP work on legal forms is usually non-NHS work, so practices can charge a private fee. Fees vary by provider, which is why many families choose an independent assessor with transparent pricing and timescales. BMA opens in a new tab, GP at hand opens in a new tab, Langbank Medical Centre opens in a new tab
Practical preparation checklist
- Scope the decisions you need the court to make, and write one sentence for each. GOV.UK (pdf) opens in a new tab
- List the relevant information for each decision, for example options, risks, and likely consequences. GOV.UK (pdf) opens in a new tab
- Choose a quiet, familiar setting and schedule at the person’s best time of day. nhs.uk opens in a new tab
- Plan communication support, for example simple words, visual prompts, interpreter, or extra time. GOV.UK (pdf) opens in a new tab
- Gather key documents the assessor may need to explain the decision, for example draft sale particulars, care home brochure, bank statements.
- Record what support was tried so the assessor can include it in Part B. GOV.UK (pdf) opens in a new tab
Real-world examples
- Selling a property to fund care: Mr K lacks the ability to understand and weigh the legal and financial consequences of a sale. COP3 explains the relevant information, the support offered, and why capacity is lacking now. The deputyship application proceeds with clear evidence.
- Complex care decisions: Ms A can decide day to day matters, but cannot use or weigh the information needed to consent to a move with a Deprivation of Liberty. COP3 is limited to the specific care decision, reflecting the decision specific nature of capacity. nhs.uk opens in a new tab
Quiet, competent support from AJH Social Work
We specialise in independent Mental Capacity Act assessments and clear, court-ready Part B reports for COP3. We work with families and solicitors to scope decisions properly, offer sensible communication support, and keep the process calm and timely. If your GP cannot assist or time is tight, we can usually offer prompt appointments, including remote where appropriate, and we always explain fees and timeframes up front.
If you would like help with scoping your Part A and commissioning an independent Part B, get in touch and we will guide you step by step.
Key sources
- HMCTS Form COP3, version 01.24 and guidance notes, including filing with COP1, current information, assessor credentials, relevant information, and remote or in-person method. GOV.UK (pdf) opens in a new tab
- Practice Direction 9A, The Application Form, Jan 2023 update, confirming the COP3 requirement and limited exceptions, plus the route where filing COP3 is not practical. Courts and Tribunals Judiciary (pdf) opens in a new tab
- Mental Capacity Act 2005, sections 2 and 3, decision specific and functional test. Legislation.gov.uk opens in a new tab
- NHS, Mental Capacity Act guidance, plain-English wording of the four abilities and support to decide. nhs.uk opens in a new tab
- BMA and GP practice pages, explaining non-NHS fee work for forms and reports. BMA opens in a new tab, GP at hand opens in a new tab, Langbank Medical Centre opens in a new tab
Straight Answers about COP3 Assessments
How Much Does A COP3 Assessment Usually Cost?
Fees vary depending on who completes it. GP practices often charge privately since this is not NHS work, while independent assessors may set a fixed fee that is typically between £250 and £750.
Always ask for a clear quote and expected turnaround before booking.
Can A Family Member Complete Part B Of The COP3 Form?
No, Part B must be completed by an appropriate assessor, such as a medical practitioner or a social care professional with experience of the Mental Capacity Act.
The form requires them to state their qualifications and confirm independence.
What Happens If The Person Has Good And Bad Days?
Capacity is decision specific and time specific, so it can change from day to day. The assessor will try to choose the best time of day for the person, record any fluctuations, and explain whether capacity might improve in the future.
Do I Need A New COP3 If Circumstances Change?
Yes, because the court requires current information. If the person’s health changes or too much time has passed, a fresh assessment is usually needed to avoid delays or questions from the judge.
Will The Court Accept A Video Or Remote COP3 Assessment?
Yes, remote assessments are valid if done properly. The assessor must explain why video was used and what steps were taken to make sure the person could communicate and understand clearly.
What If The Person Refuses To Take Part In The Assessment?
The assessor will try different supportive approaches, such as using simpler language or scheduling at a calmer time.
If it still proves impossible, the applicant may file a witness statement explaining attempts made, although the court will expect proper evidence as soon as possible.
Can One COP3 Form Cover More Than One Decision?
Yes, Part A lets you list more than one decision, for example property and financial matters and health and welfare.
The assessor must address each decision separately, setting out the relevant information and applying the functional test to each.
