How to make an applicationPersonal welfare pathwayPermissionApplications in health and welfare cases:how to makeApplications in health and welfare casesPersonal welfare pathwayApplications in health and welfare cases:how to makeApplications in health and welfare casesPersonal welfare pathwayApplications in health and welfare cases:how to makeApplications in health and welfare casesPersonal welfare pathwayApplications in health and welfare cases:how to makeApplications in health and welfare casesPersonal welfare pathwayApplications in health and welfare cases:how to makeApplications in health and welfare casesPersonal welfare pathwayApplications in health and welfare cases:how to makeApplications in health and welfare cases
9.15The majority of applications in health and welfare cases (including for the appointment of a deputy) will require permission from the court.
1MCA 2005 s50. Permission for such cases is not required where an application is made by:
•a person who lacks, or is alleged to lack, capacity;
2MCA 2005 s50(1)(a). •a person with parental responsibility for someone under 18 who lacks or is alleged to lack capacity;
3MCA 2005 s50(1)(b). •the donor or donee of a lasting power of attorney (LPA) to which the application relates;
4MCA 2005 s50(1)(c). •a deputy appointed for P;
5MCA 2005 s50(1)(a). •a person named in an existing order, where the application relates to that order;
•an application under MCA 2005 s21A by the relevant person’s representative (RPR);
6MCA 2005 s50(1)(c). •the Official Solicitor or Public Guardian
7COPR r51(1)(a). •Nor is the court’s permission required to apply for an order under MCA 2005 s16(2)(a) the purpose of which is to authorise the deprivation of P’s liberty,
8COPR r51(d), introduced by the rule changes in 2015. as to which see further chapter 21.
9.16The following forms will be needed to commence an application for health and welfare declarations and decisions:
•COP1 – the application form;
•COP1B – supporting information for health and welfare applications;
•COP3 – capacity assessment.
9.17The following forms will be needed to commence an application for a health and welfare deputyship:
•COP1 – the application form;
•COP1B – supporting information for health and welfare applications;
•COP3 – capacity assessment;
•COP4 – deputy’s declaration.
9.18All the relevant forms can be found via the Court of Protection Handbook website.
9https://courtofprotectionhandbook.com/legislation-codes-of-practice-forms-and-guidance/. In both cases, supporting evidence should be provided either in the body of the COP1 or, more usually, by way of a witness statement in form COP24 (witness statements are addressed in para 12.14 onwards).
9.19Following the 2015 rule changes, there is now no separate permission form (the old COP2). Where permission is required, it should be addressed in the relevant part of the COP1 form (section 6).
9.20Once these forms have been completed, they must be sent to the Court of Protection at First Avenue House, together with the appropriate fee (see para 9.34). The full address of the court appears at appendix G below, together with the telephone contact details.