Expert Evidence
for the Court of Protection
Our chambers prepares Court of Protection expert witness reports under the Mental Capacity Act 2005, delivering COP3 capacity assessments and functional test opinions that meet CPR Part 35 and Practice Direction 35 standards. We accept instructions from solicitors, local authorities, and the Official Solicitor in property, health, welfare, and deprivation of liberty cases.
Court of Protection
expert evidence
Our chambers provides court of protection expert witness services for proceedings under the Mental Capacity Act 2005, delivering COP3 capacity assessments and functional test opinions that comply with CPR Part 35 and the Civil Justice Council 2014 Guidance.
Members of our chambers are consultant psychiatrists and psychologists on the GMC Specialist Register or HCPC register, holding MRCPsych or BPS Chartered status. We prepare reports for property and affairs, health and welfare, and deprivation of liberty safeguards cases, applying the two-stage test from Re C and the diagnostic and functional criteria from the MCA Code of Practice.
Our reports address the specific decisions before the court, whether concerning residence, care, medical treatment, or financial management, ensuring our opinions remain within the scope of CPR 35.3 and Practice Direction 35.
When to instruct
our Court of Protection experts
Our chambers accepts instructions for Court of Protection proceedings where independent mental capacity assessment is required to determine a person’s ability to make specific decisions under the Mental Capacity Act 2005.
Property and affairs capacity
Assessment of capacity to manage finances, make gifts, execute wills, or enter into contracts, applying the functional test from Masterman-Lister and the diagnostic threshold from the MCA Code of Practice.
Health and welfare decisions
Capacity to consent to medical treatment, decide on residence, or refuse life-sustaining care, assessed against the principles in Re C and the best interests checklist from the MCA 2005.
Deprivation of Liberty Safeguards
Assessment of whether a person lacks capacity to consent to care arrangements that amount to a deprivation of liberty, applying the acid test from Cheshire West and the COP3 form requirements.
Best interests decision-making
Expert opinion on what constitutes a best interests decision where capacity is lacking, including participation of the person in proceedings and consideration of their past and present wishes.
Capacity to litigate
Assessment of whether a party has capacity to conduct proceedings, applying the test from Masterman-Lister and the procedural requirements under CPR Part 21.
Mental Health Act interface
Capacity assessments where the Mental Health Act 1983 and Mental Capacity Act 2005 intersect, including decisions about treatment for mental disorder and detention under ss.2 or 3.
Complex diagnostic presentations
Capacity assessments in cases involving dementia, acquired brain injury, intellectual disability, or psychiatric disorder, where diagnostic clarity is required for the functional test.
Urgent and interim capacity assessments
Expedited COP3 capacity assessments for time-sensitive decisions, including urgent medical treatment or interim care arrangements, delivered within procedural deadlines.
Our chambers does not accept instructions for criminal capacity assessments, fitness to plead, or mental health tribunal reports under the Mental Health Act 1983. We also do not provide therapeutic interventions or ongoing case management.
Designed for
Court of Protection workflows
Our chambers coordinates instructions to align with Court of Protection procedural timelines, CPR Part 35 requirements, and the specific needs of solicitors, local authorities, and the Official Solicitor.
COP3 form completion
Our experts complete the COP3 capacity assessment form as part of the report, ensuring compliance with Court of Protection Practice Direction 9E and the requirements of the Mental Capacity Act 2005.
CPR Part 35 compliance
All reports adhere to CPR 35.3, Practice Direction 35, and the Civil Justice Council 2014 Guidance, ensuring impartiality and clarity on the expert’s duty to the court.
Joint expert instructions
We accept instructions as a single joint expert under CPR 35.7, coordinating with all parties to define the scope and timetable for the capacity assessment.
Urgent and interim reports
Expedited capacity assessments for urgent applications, including medical treatment decisions and interim care arrangements, delivered within Court of Protection deadlines.
Remote and in-person assessment
Assessments conducted at the person’s residence, care home, hospital, or remotely via secure video link, with adjustments for vulnerability or communication needs.
Part 35 questions and meetings
Our experts respond to Part 35 questions and participate in joint expert meetings, ensuring clarification remains within the scope of the original report and CPR 35.6(2)(c).
Questions from
Court of Protection teams
Do your experts complete the COP3 capacity assessment form?
Yes. Our reports include a completed COP3 form as standard, addressing the diagnostic and functional criteria required by the Mental Capacity Act 2005 and Court of Protection Practice Direction 9E.
Can you act as a single joint expert under CPR 35.7?
Yes. Our chambers accepts instructions as a single joint expert, coordinating with all parties to agree the scope, timetable, and fee for the capacity assessment in accordance with CPR 35.7.
How do you assess capacity for complex decisions?
Using the two-stage test. We apply the diagnostic threshold from the MCA Code of Practice and the functional test from Re C, tailoring the assessment to the specific decision before the court, whether financial, medical, or welfare-related.
What turnaround can you offer for urgent cases?
5–10 working days. For urgent medical treatment or interim care decisions, we provide expedited capacity assessments within Court of Protection deadlines, subject to records receipt and claimant availability.
Do you assess children for capacity under the MCA 2005?
No. The Mental Capacity Act 2005 applies only to individuals aged 16 and over. For children, we accept instructions under the Children Act 1989 or inherent jurisdiction of the High Court.
Can you assess capacity to litigate?
Yes. Our experts assess capacity to conduct proceedings under CPR Part 21, applying the test from Masterman-Lister and providing opinions on whether a litigation friend is required.