Written by families who have been through it

Placement change: when they want to move P

A proposed move by the council, the ICB or the care home is one of the most frightening moments for a family. This page sets out what to do first, how to argue best interests properly, when to go to court urgently, and the mistakes that cost families credibility.

Keep every message about P — their needs, their voice, their safety. Judges decide in P's best interests, not on who has been treated unfairly. The calmest, most factual family in the room is usually the most persuasive one.

Your first 48 hours

Nothing here needs a solicitor. Work through it in order and tick as you go — your progress is saved on this device only.

First 48 hours

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Ask for the decision in writing, todayEmail the social worker, ICB case manager or home manager: who has decided, what the move is, the proposed date, and the legal basis. A phone call is not a decision you can challenge.
Ask them to pause the move until a best interests meeting happensPolitely, in writing: 'Please confirm no move will take place before a best interests meeting under s.4 Mental Capacity Act 2005 and before P's family have had chance to contribute.'
Ask for the capacity assessment for this specific decisionCapacity is decision-specific. An old assessment about finances does not cover where P lives. Ask who assessed, when, and for a copy.
Check the DoLS / authorisation positionIf P is deprived of their liberty in a care home or hospital, ask for the current authorisation and the name of the RPR. The RPR (often a parent) can bring a Section 21A challenge and this usually carries non-means-tested legal aid.
Start a dated log of every call, visit and emailUse the Contact & Incident Log page. Dates and quotes are what persuade a judge, not feelings.
Ask for an IMCA or advocate for PFor a change of accommodation decision where P has no one appropriate to consult, an IMCA must be instructed. Even where family are involved, an advocate for P is often agreed on request.

The best interests checklist

Section 4 of the Mental Capacity Act 2005 is the test. Answer these in writing and you have the spine of a position statement.

Best interests evidence

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P's own wishes, feelings, beliefs and valuesHow does P show yes and no? Record their reaction to the current home and to the proposed one, in their communication style. This is the heart of s.4(6).
Is there a less restrictive option that achieves the same aim?More staff hours, a different room, a change of key worker, equipment or a behaviour plan may solve the problem without a move.
Why is the move being proposed, really?Cost, a home giving notice, a change of commissioner, an incident, or a genuine care need? Ask directly and get the answer in writing.
What transition plan is offered?Visits, overlapping staff, familiar objects, a communication passport, phased overnights. A rushed move is often the harm, not the new home itself.
Effect on family contact, friendships and routineTravel time, school or day service, siblings, faith and community links, the same GP, dentist and consultants.
Health, sensory and risk impactSensory environment, epilepsy or PEG protocols, mental health history, past reactions to change. Ask the OT, SALT and psychiatrist for written views.
Has anyone visited and assessed the proposed placement?Ask to visit, take photos where allowed, read the latest CQC/CIW/RQIA/HIQA report and ask how the home will meet P's specific needs.

Build a position statement Template emails to the LA and ICB

Wording you can copy

Asking for the move to be paused

Dear [name], Thank you for telling me about the proposed move of [P's initials] to [placement]. Please confirm in writing: 1. Who has made this decision and under what legal authority; 2. The capacity assessment relied on for this specific decision about where P lives, and its date; 3. The options considered and why each was ruled out; 4. The date and time of the best interests meeting under s.4 MCA 2005 that I will be invited to. Until that meeting has taken place I ask that no move is arranged. If the move proceeds without it, I will ask the Court of Protection to consider the matter. Yours sincerely, [Your name], [relationship to P]

Recording your objection after a meeting

Dear [name], Thank you for the meeting on [date]. So there is a clear record, my position is: - P communicates [how]. In my view P shows [reaction] to the proposal because [evidence]. - The less restrictive option I have suggested is [option], which has not yet been costed or trialled. - The impact on contact would be [detail: travel time, frequency]. - The professionals I ask to be consulted in writing are [OT / SALT / psychiatrist / GP]. I do not agree to the move at this stage. Please treat this email as my formal objection and place it on P's file. Yours sincerely, [Your name]

Use initials or a pseudonym for P in anything you send or share. This is general information from families, not legal advice.

When to go to court urgently

Signs it is urgent

The move is happening within days and no best interests meeting has been held.
P is being moved out of area, away from family, and contact will be reduced.
The home has given short notice and the council has only found one option.
P is clearly distressed and the risk of a rushed move is not being assessed.
You have raised concerns in writing and had no substantive reply within a working week.

Your routes

Section 21A challenge (RPR or P). If P is under a DoLS authorisation, this challenges the deprivation and where it happens. Usually non-means-tested legal aid.
COP1 + COP3 + COP24. A welfare application asking the court to decide where P lives, with a witness statement.
COP9 with an urgent request. If proceedings already exist, apply within them and ask for an urgent listing or an interim order that no move takes place until the hearing.
Ask for an interim order. Say plainly what you want: "an order that P remains at [home] until the court has determined the issue."

Fill in the forms Urgent hearings

What not to do

Do not remove P yourself or refuse to return them after a visit — it can look like you are the risk.
Do not threaten to sue, or run a complaint and a court case at the same time, unless a solicitor advises it. Judges want cooperation, not war.
Do not post about the placement, the staff or the home on social media. It can breach transparency orders and harden positions.
Do not argue every point. Choose the two or three that matter most to P.
Do not send angry emails at midnight. Write it, sleep on it, send a factual version in the morning.

If the move has already happened

It is not too late

The court can still decide where P should live and can order a return. Act quickly and keep a diary of how P is settling or struggling.

Evidence the impact

Weight, sleep, seizures, incidents, distress behaviours, missed appointments, reduced contact. Dates and numbers, not adjectives.

Ask for a review

Request a formal review meeting at 4 and 12 weeks, plus a new DoLS assessment if P is deprived of their liberty in the new setting.

Keep contact going

Ask for a written contact plan. If contact is being restricted, that is itself something the court can decide.

Use the complaints route carefully

A complaint can run where there are no live proceedings. If you are in court, tell your solicitor first.

Look after yourself

This is exhausting. Share the load, take breaks, and ask an advocate or a peer support group to sit in on meetings with you.

Build your court bundle Find a solicitor or advocate Contact & incident log

General information written by families with lived experience of the Court of Protection. It is not legal advice and does not replace advice about your own case.