8.14If a respondent wishes to oppose the application or to propose an alternative order, then the acknowledgement of service should be accompanied by a witness statement which contains any evidence upon which the respondent intends to rely.2COPR r52(5). In practice, however, it is not always appropriate or indeed possible to serve a witness statement along with the COP5 form. The respondent may not have access to documents that would support his or her position. In these circumstances, directions should be sought for the provision of any information that the respondent requires, for example (for instance, in a financial case) bank statements or other financial information.

8.15If a person who is notified wishes to oppose the application, or to propose an alternative order, he must apply to be joined as a party to proceedings. The person does this by indicating his or her wish to be joined as a party on the COP5 and filing this response with the court within the appropriate timescale. The COP5 must set out the person’s reasons for wishing to be a party and should be accompanied by a witness statement setting out his or her interest in the proceedings. The court will decide whether or not to join that person as a party.3COPR r72(8). The relevant test for whether a person should be joined as a party is whether the court considers it desirable for the purpose of deciding the application.4COPR r73(2). If the court approves the application then the person notified will be made a party to proceedings and the applicant will be required to serve him or her with a copy of the full application papers.

8.16A person who subsequently becomes aware of an application may apply to become a party. To do so, they must demonstrate ‘sufficient interest’ in the proceedings.5COPR r75(1). That interest must be a sufficient interest in the proceedings themselves – ie ‘the ascertainment of the incapacitated person’s best interests’ – as opposed to any commercial (or other interest) of the applicant’s own.6Re SK [2012] EWHC 1990 (COP), [2012] COPLR 712 at paras 41–43 per Bodey J (refusing application by defendant to personal injury proceedings brought by P to be joined to Court of Protection proceedings concerning P). This approach was approved by the President in Re G.7Re G, London Borough of Redbridge v G (by her litigation friend the Official Solicitor), C and F [2014] EWHC 1361 (COP).

8.17A person who wishes to be joined as a party must file an application notice (COP9) and a statement explaining his or her interest in the proceedings and – if he intends to ask the court to make an order that is different to the order sought by the applicant – the evidence on which he relies.8COPR r75(3). The person seeking to join should send enough copies of the application for all the parties and the court will serve it.9COPR r75(4). Again, the test will be whether it is desirable to join the person to the proceedings for the purpose of dealing with the application.10COPR r73(2).