What is a COP3 Mental Capacity Report?

Created: 9/7/2023

A COP3 Mental Capacity Report is a report used in the Court of Protection to record whether a person has the mental capacity to make a specific decision in relation to their health, welfare, property or financial affairs. It is estimated that adults make in the region of 35000 decisions every day.  That's a lot, for sure, but they're occurring all the time. Every action we take (or do not take), however big or small is usually the result of a decision or series of decisions being made.  Even by reading this article you decided to click you way to it and before you leave this page you will have decided whether to read the whole article or not (we hope you do!). Sometimes people cannot make decisions and this may be for a variety of reasons.  They may be temporary reasons such as intoxication or permanent reason such as a stroke, traumatic brain injury, dementia or a learning disability. But what happens in cases where a person cannot make decisions and a decision has to be made... sometimes very soon? A specialist court called the Court of Protection was established in October 2007 and it is the role of the Court of Protection to make specific decisions or appoints other people known as deputies to make decisions on behalf of people who lack the capacity to do so for themselves.  Before the court can make decisions or appoint a deputy to do so, they have to be satisfied that the person in question lacks the mental capacity to make the specific decision themselves.  As part of an application to the Court of Protection, a COP3 mental capacity report is completed to determine whether the person does in fact lack the mental capacity.

What happens when a person can make some decisions?

One of the fundamental parts of the process is the specific nature of decision making.  When making an application to the Court of Protection, the COP3 report will detail exactly which decision the application relates to because it is entirely possible that a person has the capacity to make some decisions and not others.  It would not do to assume that the person cannot make any decisions and the courts or other people should only intervene when absolutely necessary.

What does a COP3 report form look like?

A copy of a COP3 report form can be found on the Government's website.  It is divided into two sections, the first contains details of the person in question and the decision or decisions in question; more than one decision can be determined on each COP3 form.  The second section is completed by a mental capacity assessor who must have the relevant skills and experience to complete it.  The second section (unsurprisingly named Part B) details the test used to determine whether the person can make that particular decision and the steps taken to help the person make the decision for themselves.  There is a Mental Capacity Code of Practice which details the steps that an assessor must take before and during the assessment.