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Autizma COP Guide

Protect P's data. Use initials or a pseudonym. Your notes stay on this device only.

Look after yourself. This is a marathon.

Writing & speaking in COP proceedings

Examples of communication

Words matter in Court of Protection work. These examples show how to raise serious concerns, disagree with professionals, and ask for urgent action while staying factual, objective and focused on P.

This is not a script for every situation

Use these examples as a starting point, then change them to match your facts, your evidence, and the rules of your jurisdiction (England & Wales, Scotland, Northern Ireland or Republic of Ireland). Always check the exact wording with a solicitor if the outcome is serious.

Letter wizard

Step 1 of 4 — Choose your situation

Golden rules

  • Facts first, feelings later

    Write what happened, when, where, and who was involved. Say how it affected P. Avoid calling people names or guessing motives.

  • Keep P at the centre

    Every sentence should link back to P's wellbeing, wishes, rights or best interests. The court is not there to decide if you are a nice person.

  • Be specific about evidence

    Say where the evidence is: email dated 3 March, page 12 of the care plan, Dr Smith's letter of 14 June, photograph, incident log.

  • Ask for a written response

    Put your request in writing and ask for a reply by a clear date. A written record is evidence if the matter goes to court.

  • Offer to work constructively

    Say you are willing to meet, share information, or try a different option. This protects you from being called unreasonable.

Do say / Don't say

Saying you are worried about harm or poor care

Don't say

"They hurt my child and nobody cares. The social worker is useless."

Do say

I am concerned that P may have been subject to [bruising / unexplained weight loss / restraint / seclusion]. I ask that this be treated as a safeguarding concern and investigated. I have attached evidence dated [date] and [date].

Why: The first sounds like a personal attack. The second gives the fact, the risk and the evidence, and asks for a lawful process.

Explaining why you disagree with a capacity assessment

Don't say

"They said P lacks capacity but that doctor doesn't even know him."

Do say

I do not accept the conclusion of the capacity assessment dated [date]. I set out my reasons below: 1) The assessment does not say what specific decision was tested. 2) P was asked complex questions during a sensory overload. 3) P was not supported to communicate using [method]. 4) P has made this decision before on [date].

Why: You challenge the assessment, not the person. You give concrete reasons the court can follow.

Asking for records or documents

Don't say

"I demand all the files right now."

Do say

Please send me the following documents so I can take part properly and keep P's best interests at the centre: [list]. Please confirm receipt and let me know when I can expect them. If any document is withheld, please tell me which one and the reason.

Why: A clear list and a deadline make it easier for the other side to reply and harder for them to ignore.

Saying a move or placement is not right

Don't say

"That home is a dump and I will never let P go there."

Do say

I have concerns about the proposed placement at [name]. The evidence I rely on is: [CQC report / visit note / safeguarding record / P's expressed wishes]. My concerns are: [list]. I ask for a best-interests meeting before any move, and I reserve my right to make the court aware if P's welfare is at risk.

Why: You explain the evidence and the steps you have taken. You do not threaten or block without reason.

Asking for urgency

Don't say

"This is an emergency and you have to stop them."

Do say

The proposed [move / treatment / deprivation of liberty] is planned for [date]. I believe this is urgent because [risk to P / irreversible decision / lack of proper consultation]. I ask the court to list this matter urgently, or for the existing order to be reviewed, so P's rights are protected.

Why: Urgency must be based on a real risk, not just strong feelings. The court will want the reason.

Correcting something you think is wrong

Don't say

"That's a lie."

Do say

I do not agree with [paragraph X / page Y] of the [report / statement]. My evidence is [document / date / witness]. I ask the author to reconsider in light of the attached material.

Why: Pinpoint the exact part and give your evidence. It is much stronger than a general denial.

At a hearing or meeting

Don't say

"You are all against me."

Do say

I want to make sure the court hears P's voice and the evidence that supports P's best interests. I ask the court to consider [point 1, point 2]. I am willing to answer questions and provide any further information needed.

Why: In court, the judge is deciding on evidence and law. Show you are helping the court reach the right decision.

Copyable templates

Click Copy to use the wording in your own email or letter. Replace anything in [brackets] with your own details.

Raising a safeguarding concern

Dear [Name],

Re: [P's initials]

I am writing to raise a serious concern about P's care on [date / dates].

What I am concerned about:
- [Specific incident or pattern]
- [What P appeared to experience]

Evidence I have:
- [Record, photo, email, witness, date]
- [Record, photo, email, witness, date]

I ask that this is treated as a safeguarding concern and investigated under the local authority's safeguarding policy. Please confirm receipt and tell me the safeguarding lead who will be dealing with this.

I am happy to discuss this at a meeting, but I ask that any proposed action is shared with me in writing before it is put in place.

Kind regards,
[Your name]
[Relationship to P]

Disagreeing with a capacity assessment

Dear [Name],

Re: [P's initials] — capacity assessment dated [date]

I have read the capacity assessment and I do not agree with its conclusion. I want to explain my reasons so they can be put before the court.

1. The assessment does not appear to identify the specific decision being tested.
2. The assessment was carried out on [date] when P was [tired / unwell / in distress / without usual support].
3. I do not believe P was given the practicable support P usually needs to make this decision, such as [communication support / extra time / familiar environment].
4. P has made similar decisions on [dates] and showed understanding of [relevant point].

I ask that the court considers an independent assessment and that P's own wishes and feelings are recorded fully.

I am happy to provide examples and attend any meeting.

Kind regards,
[Your name]

Requesting care and health records

Dear [Name],

Re: [P's initials]

I am writing to request the following records so I can take a full part in the Court of Protection proceedings and keep P's best interests at the centre:

1. Care Act needs assessment and support plan dated [date / most recent].
2. Mental capacity assessment(s) dated [date / most recent].
3. Best interests decision records.
4. Risk assessments and positive behaviour support plans.
5. Incident logs and safeguarding records from [date] to [date].
6. Care reviews and placement reviews.
7. Health records, including GP and hospital letters, relevant to the decision.

Please confirm receipt of this email and let me know when I can expect the documents. If any document is withheld, please tell me which one and the reason.

Kind regards,
[Your name]

Objecting to an urgent placement change

Dear [Name / Court office],

Re: [P's initials] — proposed placement change on [date]

I understand a move to [placement name] is proposed for [date]. I am very concerned about this and ask that it is not carried out before the court has had the chance to consider my evidence.

My reasons are:
1. P has not been consulted properly about the move.
2. The proposed placement is [distance / not suitable / not assessed for P's needs].
3. There is a risk of [specific harm or distress].
4. I have evidence that [better alternative / P's wishes] has not been considered.

I ask the court to list this matter urgently and, in the meantime, to prevent the move until P's best interests have been fully considered.

I am available to attend a hearing at short notice.

Kind regards,
[Your name]
[Relationship to P]

At court and in meetings

  • Introduce yourself clearly: "My name is [name] and I am P's [mother / father / advocate / litigation friend]."
  • Keep answers short: Answer the question, then stop. If you want to add something, say "May I add one more point?"
  • Refer to documents: "That is not consistent with the email dated [date] at page [X] of the bundle."
  • Stay polite even when upset: "I find that difficult to accept, and I will explain why based on the evidence."
  • Ask for clarification: "I am not sure I understood that. Could you say what you mean by [term]?"
  • Bring it back to P: "The question for the court is what is in P's best interests, and the evidence I want to draw the court's attention to is..."