Evidence of capacityApplications in health and welfare cases:evidence of capacity:form COP3Applications in health and welfare cases:evidence of capacityApplications in health and welfare casesApplications in health and welfare cases:evidence of capacity:form COP3Applications in health and welfare cases:evidence of capacityApplications in health and welfare casesApplications in health and welfare cases:evidence of capacity:form COP3Applications in health and welfare cases:evidence of capacityApplications in health and welfare casesApplications in health and welfare cases:evidence of capacity:form COP3Applications in health and welfare cases:evidence of capacityApplications in health and welfare casesApplications in health and welfare cases:evidence of capacity:form COP3Applications in health and welfare cases:evidence of capacityApplications in health and welfare cases
9.38Form COP3 is the assessment of capacity. It is important to note that this does not need to be completed by a medical practitioner – form COP3 was revised in 2013 to make expressly clear that it can be completed by a registered:
•medical practitioner, for example the GP of the person to whom the application relates;
•psychiatrist;
•approved mental health professional (AMHP);
•social worker;
1In A Local Authority v SY [2013] EWHC 3485 (COP), [2014] COPLR 1, decided before the change in the COP3, the COP3 had been completed by a social worker; Keehan J noted that: ‘The assessment in this case demonstrates that an appropriately qualified social worker is eminently suited to undertake such capacity assessments. I commend the practice which I hope will be followed in ropriate future cases’ (para 22). •psychologist;
•nurse; or
•occupational therapist.
9.39The form also makes clear that in some circumstances it might also be appropriate for a registered therapist, such as a speech therapist or occupational therapist, to complete the form.
9.40Some medical practitioners, in particular GPs, will charge to complete a COP3. There is a good argument that it should fall within the scope of the medical services that they provide to P, and advisers should always seek to query the basis upon which any charge is made before simply agreeing to pay.
9.41Whoever completes the COP3 form, it is important that the practitioner completes the COP3 correctly and provides an appropriate level of detail. In particular, section 7.1 requires the practitioner to set out the areas of decision-making where P lacks capacity. These might, for example, be P’s place of residence, P’s care arrangements and contact with others. When the practitioner completes the rest of the form he or she must ensure that evidence of lack of capacity is set out in respect of all those three areas of decision-making. The COP3 does not ask about capacity to conduct the proceedings but if the assessor can also provide a view on this question, this will assist when the court considers P’s participation in the proceedings at a later stage (see below, para 11.6).
9.42PD 9A, para 14 explains that if the applicant cannot complete a COP3 (‘for example, where P does not reside with the applicant and the applicant is unable to take P to a doctor, or where P refuses to undergo the assessment’), then the applicant should file a witness statement explaining why he or she cannot obtain an assessment of capacity, what attempts have been made to do so and why he or she believes that P lacks capacity to make a decision that is relevant to the application. It is worth bearing in mind that the test for the engagement of the MCA 2005 is whether there is evidence giving good cause for concern that P may lack capacity in some relevant regard:
Re F.
2[2009] EWHC B30 (Fam), [2009] COPLR Con Vol 390, (2009) 12 CCLR 530.