How to Fill Out and File the COP9 Application Notice: Evidence and Fee

The COP9 application notice is the form you use to ask the Court of Protection to make an order or give directions in a case that is already underway. If a COP1 has been filed and you now need the court to grant interim relief, change a deadline, list a hearing, reconsider a paper decision, or vary an existing order, the COP9 is how you make that request. The standard fee for an application within existing proceedings is £95, and the current form is available on GOV.UK.

When to Use a COP9

Part 10 of the Court of Protection Rules 2017 governs applications made in the course of existing proceedings.¹ The COP9 is not for starting a case. You use it once you have a case number and need the court to act on something specific.

Typical uses include:

Interim orders, such as authorising access to funds to pay care-home fees while a deputyship application is pending.
Case management directions, such as extending a deadline or requiring another party to file evidence.
Requesting a hearing date where none has been listed.
Asking a judge to reconsider, at a hearing, an order made on the papers alone.
Varying an existing order, for example modifying the scope of a deputy’s authority.

One boundary to note: if you want to be joined as a party to existing proceedings, the COP9 is the wrong form. Joinder applications use the COP10, and the COP9 itself directs applicants there.²³

Filling In the Form

The COP9 has three sections. Before you start, find the case number from the original COP1 proceedings. It goes at the top of every page, together with the full name of the person the case concerns (referred to as “P”).

Section 1: Your Details

Enter your full name, address, and contact details: daytime, evening, and mobile numbers, plus an email address. If a solicitor represents you, add their name, firm address, telephone, fax, DX number, and email.² Say where the court should send correspondence, and state your role in the proceedings: the applicant who filed the COP1, the person the application relates to, another party, or someone else with an interest in the case.

Section 2: Your Application

This is the substantive part. Rule 10.3 requires the application notice to state what order you seek and briefly explain why.⁴

In box 2.1, write the exact order you want. Be precise. “I seek an order that [deputy name] be authorised to withdraw up to £5,000 from [bank name] account ending in [number] to pay outstanding care-home fees” gives a judge something enforceable to draft from. Vague requests get returned or refused.

In box 2.2, set out the grounds. Explain the facts that make the order necessary and reference any evidence you are relying on. Keep this concise; it is a summary, not a witness statement. If you run out of room in either box, continue on a separate sheet marked with the case number, your name, P’s name, and the box number you are answering.

Box 2.3 asks whether written evidence is attached. Any supporting evidence must be filed with the application notice.⁴ Use the COP24 witness statement, or a COP25 affidavit if the court has required evidence on oath.

Box 2.4 is easy to miss. If you reasonably believe someone who is not already a party has an interest and should be heard, give their full name, address, and connection to P. Leaving interested people out can lead to adjournments while the court arranges to notify them.

Section 3: Statement of Truth

The statement of truth confirms the facts in the application are true. You, your litigation friend, or your solicitor signs and dates it.² Delete the bracketed wording that does not apply. Making a false statement verified by a statement of truth can lead to contempt of court proceedings.

Supporting Evidence

If your application relies on facts not already before the court, attach a witness statement on the COP24 form. Witness statements follow the formatting rules in Practice Direction 14A: A4 paper, numbered paragraphs, dates as figures, fully legible.⁵ Each exhibit needs a label such as “Exhibit A” and the same identifying information as the top of the COP24.⁶ The statement itself carries its own statement of truth signed by the maker.

What you attach depends on what you are asking for. Medical reports or capacity assessments for welfare issues. Bank statements or invoices for financial ones. Correspondence showing time pressure if you want an interim order.

Where to File, Copies, and the Fee

Send the completed COP9 with all supporting documents to:

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA⁷

File two copies of every form and document, the original plus one copy.² Include the £95 fee for an application within existing proceedings. Fees are periodically revised, so check the COP44 fee guide on GOV.UK for the current figure.⁸

If you cannot afford the fee, apply for help using the COP44A. Full remission is automatic if you receive certain means-tested benefits, and partial or full help may be available based on income and savings.⁹ Submit the COP44A at the same time as the COP9. Without either the fee or a remission application, the court will return your documents.

Serving the Application

Filing is only half of it. Under Rule 10.4, you must serve a copy of the application notice and all supporting evidence on every party to the proceedings, anyone named as a respondent in the notice, and any other person the court directs. Service must happen as soon as possible and no later than 14 days after the court issued the application.¹

Within seven days of serving, file a certificate of service with the court.¹ Skip this or serve late and the court can dismiss the application or postpone any hearing until service is properly completed.

If evidence has already been served on someone in an earlier stage of the case, you do not need to re-serve it. You do need to tell that person which evidence you rely on for this application.

Urgent and Without-Notice Applications

Some situations cannot wait 14 days. The Court of Protection deals with urgent and emergency applications when someone’s life or welfare is at risk and a decision cannot wait. An order will only be made if the court considers the matter serious with an unavoidable time limit.¹⁰

Urgent interim orders cover things like unlocking bank funds to cover overdue care-home fees while a deputyship is pending. Emergency orders apply where there is immediate risk to P, such as medical treatment they cannot consent to.¹⁰

Rule 10.5 allows the court to deal with an application without notice to any person.¹¹ If the court then grants or dismisses that application, you must serve the notice, the supporting evidence, and the court’s order on all respondents, parties, and anyone else the court directs, as soon as practicable or within the period the court sets. Where time allows, file the COP9, your evidence, and a draft order with the court before the hearing.

After the Court Receives Your Application

Once a properly completed COP9 arrives with the correct fee, the court issues the application notice by stamping it with a date. It will either list a hearing and notify the parties, or decide the matter on the papers. Straightforward procedural directions, such as extending a deadline or ordering disclosure, are often decided on the papers alone.

If a decision is made on the papers and you disagree, file another COP9 asking for the matter to be reconsidered at a hearing.

Processing times vary with complexity and workload. Genuinely urgent applications are usually dealt with on the day or within a few days. Routine directions can take several weeks. If you have not heard from the court within a reasonable period, telephone the Court of Protection to check the status.

Appealing a Decision on Your Application

If the court makes an order on your COP9 and you believe it was wrong, seek permission to appeal by filing a COP35 appellant’s notice. Permission is required for all orders except committal to prison.¹²

File the COP35 within any time limit set by the judge who made the decision. If no deadline was set, you have 21 days from the date of the decision. A skeleton argument must accompany the notice or follow within 21 days of filing.¹² Appeals to the Court of Appeal follow a separate procedure and are not made on the COP35.

1
Legislation.gov.uk. The Court of Protection Rules 2017 – Part 10
2
GOV.UK. Court of Protection – COP9 Application Notice
3
GOV.UK. Form COP10 – Application Notice for Applications To Be Joined as a Party
4
Legislation.gov.uk. The Court of Protection Rules 2017
5
Judiciary of the United Kingdom. Practice Direction A – Written Evidence
6
GOV.UK. COP24 Witness Statement
7
GOV.UK. Court of Protection
8
GOV.UK. Court of Protection Fees
9
HM Courts & Tribunals Service. COP44A – Apply for Help With Court of Protection Fees
10
GOV.UK. Make an Urgent or Emergency Application to the Court of Protection
11
Legislation.gov.uk. The Court of Protection Rules 2017
12
GOV.UK. Appellants Notice