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What is the Court of Protection, and where do I start?

Written by parents and families who have been through it. Plain English, no jargon, and honest about how long things really take. This is information, not legal advice.

The basics

What the Court of Protection is and why it exists

The Court of Protection is a specialist court that makes decisions for people aged 16 and over who cannot make a particular decision for themselves. In England and Wales it works under the Mental Capacity Act 2005. Scotland, Northern Ireland and the Republic of Ireland have their own equivalents - use the jurisdiction switcher at the top of the page.

It exists because before 2007 there was no clear, lawful way to decide big questions for a disabled or unwell adult - where they live, who they see, how their money is used - without someone simply taking control. The court's job is to protect the person (the court calls them ) by making sure any decision is in their and is the least restrictive option available.

What it can decide

Whether someone has capacity for a specific decision
Where P lives, and their care and contact arrangements
Serious medical treatment
Property, money, benefits and selling a home
Appointing a or authorising a deprivation of liberty

What it will not do

Punish a council, hospital or provider
Award you compensation
Decide a decision P can make themselves
Handle complaints - those go to regulators and ombudsmen

Capacity is always assumed unless proven otherwise, and it is decision-specific. Someone can lack capacity to manage a bank account but still choose where they go at the weekend.

Your first move

Where do I start?

Work through these five steps before you fill in anything. They take an evening and they save months. Your ticks stay on this device.

First five steps

0 of 5 done

Write down the single decision that is stuckIs it about money and property, or about care, contact or where P lives? The court treats these differently and it decides which forms you need.
Check whether capacity has actually been assessed for that decisionCapacity is decision-specific and time-specific. Ask for a copy of any assessment already done, and who did it.
Try the free routes first and keep a written recordA best interests meeting, a formal complaint, an advocate (IMCA) or the RPR raising a Section 21A challenge can solve things without court.
Start a dated chronology todayOne line per event: date, what happened, who was there. Use P's initials only. Judges rely on chronologies heavily.
Pick your route: deputyship, a one-off welfare decision, or an urgent applicationDeputyship is ongoing authority. A welfare application asks the court to decide one issue. Urgent applications are for immediate risk.

Before anything else: communication

Most problems are fixed by clear, calm communication long before court. See what you can fairly expect from social workers and local authorities, print the checklists, and use the step-by-step escalation email builder if things break down.

Communication & standards

Go to the form filler Take the pathway quiz Deputyship pathways What to expect at court Communication & standards

Paperwork

Why are there so many forms?

It feels deliberately obstructive. It isn't - each form answers a different legal question, and the court cannot act until every one is answered. Knowing what each is for makes the pile far less frightening.

COP1 - the application itself: who you are, who P is, what you want the court to do.
COP1A / COP1B - the detail: finances (1A) or welfare (1B). The court needs the full picture, not a summary.
COP3 - the capacity assessment, signed by a professional. Without it the court has no evidence P lacks capacity.
COP4 - your declaration as proposed deputy: your finances, convictions, and your promise to act properly.
COP14 / COP15 - proof that everyone entitled to know has been told. Cases collapse over missed notifications more than anything else.
COP24 - your witness statement: your evidence, in your words, signed with a statement of truth.
COP44A - help with the fee if you are on a low income or certain benefits.

The forms exist because the court must be able to show it followed the Mental Capacity Act for every single decision. Each form is a box the law requires to be ticked - the burden is on the paperwork, not on you remembering everything at a hearing.

Draft your forms with your details pre-filled

Timescales

Usual waiting times

These are realistic family-reported ranges, not a promise from the court. Delays are usually caused by incomplete forms, waiting for a capacity assessment, or the other side's evidence.

Type of application	Typical wait	What affects it
Urgent / out-of-hours application	Same day to 72 hours	Only where there is a risk to life, liberty or serious harm. The court can make an interim order first and list a full hearing later.
Section 21A challenge to a DoLS authorisation	Usually listed within weeks	Deprivation of liberty cases are prioritised because someone's liberty is engaged.
Contested welfare application	Roughly 6-12 months to final hearing	Expect several directions hearings first, plus time for expert or social work evidence.
Property & affairs deputyship (uncontested)	Roughly 4-6 months	Longer if the COP3 is incomplete, notifications are missed, or someone objects.
Personal welfare deputyship	Often 6-12 months	The court grants these more sparingly, so expect more scrutiny and often a hearing.

While you wait, keep your chronology going, keep contact with P if you can, and keep your tone measured in every email - it all becomes evidence.

Emergencies

How to apply for an urgent hearing

Urgent applications are for real, immediate risk: a move happening tomorrow, contact being cut, an unlawful deprivation of liberty, or urgent medical treatment. Using the urgent route for something that isn't urgent damages your credibility, so be honest about the timeline.

Say what you want, by when. Write one paragraph: the order you are asking for, the date the harm happens, and what happens if the court does nothing.
Complete a COP1 plus COP9 (application within proceedings) or COP3 if you can. If there is no time, the court can accept an application on undertakings and let you file the forms afterwards.
Mark everything "URGENT" and state the deadline in the subject line and at the top of page one.
Tell the other parties unless doing so would defeat the purpose. Applications made without notice must explain why.
Contact the court directly. The Court of Protection is on 0300 456 4600 in office hours. Outside those hours the High Court has an out-of-hours judge, reached through the Royal Courts of Justice security desk on 020 7947 6000 - usually a solicitor makes that call.
Expect an interim order. The judge may freeze the situation - for example, no move pending a full hearing - and list a proper hearing within days or weeks.

Courtroom and urgent hearings in detail

Funding

When a parent or RPR may get legal aid, and from whom

Legal aid in England and Wales is administered by the Legal Aid Agency, but you apply through a solicitor with a mental capacity legal aid contract - you cannot apply directly. In Scotland it is the Scottish Legal Aid Board, in Northern Ireland the Legal Services Agency NI, and in Ireland the Legal Aid Board.

P themselves (through the Official Solicitor or an accredited legal representative)

Non-means, non-merits tested legal aid

Where the case is about a deprivation of liberty - a Section 21A challenge or a court-authorised deprivation. P is entitled regardless of family income.

The Relevant Person's Representative (RPR), paid or unpaid

Non-means-tested legal aid in Section 21A cases

An RPR bringing or supporting a challenge to a standard DoLS authorisation can get funding without a means test. This is the single most common route families miss.

A parent or family member as applicant or respondent

Means and merits tested Legal Help or Legal Representation

Available in welfare cases if your income and capital are within limits. Property and affairs cases are rarely funded.

Anyone, for advice only

Legal Help (advice and assistance)

Covers a solicitor's advice and letters, not representation at a hearing. Useful for getting an early steer cheaply.

How to find funding: search the Find a Legal Aid Adviser service on GOV.UK for "mental health" or "community care" providers, ask for a solicitor who is a member of the Law Society's Mental Capacity (Welfare) accreditation scheme, or ask P's IMCA or RPR to make the referral. Check the Civil Legal Advice line on 0345 345 4 345 for an initial eligibility check.

Find solicitors and advocates

This page is general information written from lived experience and public guidance. It is not legal advice and rules and timescales change - always check with a solicitor or the court.