Module 5
Evidence, Best Interests & Placements
Cases are won on dated, checkable facts. Work through section 4, build a statement the judge can rely on, and know when a placement needs reporting.
Section 4 best interests checklist
Section 4 of the Mental Capacity Act 2005 sets out what any decision-maker must consider. Tick each item and keep your written answers — this becomes the backbone of your evidence and of any challenge to a professional's decision.
Tip: when a professional says "it is in his best interests", ask which section 4 factors they considered and where that is recorded. Ask in writing. Keep the reply.
Section 4 MCA 2005
0 of 10 doneParent, family & friend statements
Keep it factual and dated. Separate what you saw yourself from what someone told you. Avoid adjectives about people — describe the conduct and let the judge draw conclusions.
Parent & family statement builder
A witness statement is your evidence: dated facts you saw or heard, signed with a statement of truth.
Saved automatically on this device
Your answers stay in this browser and are never sent to us. To carry on from another device, save a resume file and open it there.
The name you will sign the statement with.
Live preview
This updates as you answer the questions. Nothing here is sent anywhere.
WITNESS STATEMENT OF A PARENT / FAMILY MEMBER (COP24) Name of witness: [YOUR NAME — please fill in above] Relationship to P: [YOUR RELATIONSHIP — e.g. mother, brother, support worker] This statement concerns: [P'S INITIALS ONLY — not full names] 1. I make this statement from my own knowledge unless I say otherwise. Where I refer to what someone else told me, I say who told me and when. 2. Background and dated facts: [LIST EVENTS WITH DATES. One fact per numbered line. No opinions or adjectives about people.] 3. Matters I am concerned about, and what I saw or heard: [DESCRIBE WHAT HAPPENED, WHEN, WHO WAS PRESENT, AND WHERE ANY RECORD OF IT CAN BE FOUND.] 4. P's wishes, feelings, beliefs and values: [WHAT P SAYS OR SHOWS, HOW THEY COMMUNICATE IT, AND EXAMPLES WITH DATES.] 5. What I am asking the court to consider: [STATE THE OUTCOME YOU SAY IS IN P'S BEST INTERESTS, AND WHY, BY REFERENCE TO SECTION 4 MCA 2005.] Statement of truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: ...................................... Date: ......................
Some required details are still missing — downloads are blocked
- Your full name — required
- Your relationship to P — required
- P's initials only — required
- Background and dated facts — placeholder
- What you saw or heard yourself — placeholder
- P's wishes, feelings, beliefs and values — placeholder
- What you are asking the court to do — placeholder
7 placeholders still in the draft (shown in square brackets). Fill the missing details before printing.
PDF and Word downloads unlock once your name, relationship and P's initials are filled in.
Documents to gather for your COP24
0 of 7 tickedThe first list applies to nearly every case. The suggested list below grows as you answer the wizard questions. Ticks are saved on this device only.
Suggested from your answers
Nothing extra yet. As you write about medication, restraint, contact, placements or finances, the matching records will appear here.
Challenging a failing placement
The CQC does not investigate individual complaints, but it does use what you tell it to target inspections and enforcement. Report anyway — and run the other routes in parallel.