Skip to main content
Book a call — £89
Menu

Court of Protection Hearings UK: A Practical Guide

We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.

Part ofCourt of Protection UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If someone close to you has lost the capacity to make decisions for themselves, you may find yourself drawn into proceedings at the Court of Protection. It is a specialist court, and for most people it is completely unfamiliar territory. The forms have codes, the language is formal, and the stakes often feel high because the outcome affects a family member who cannot speak for themselves. This guide walks through what actually happens at a Court of Protection hearing, whether it takes place at the main court in London or at one of the regional venues across England and Wales. You will find out who is allowed to attend, what paperwork matters, how the court behaves behind closed doors, and what to prepare before you walk in. The aim is to take some of the fear out of the process so you can focus on the decision at hand.

Overview

The Court of Protection was created by the Mental Capacity Act 2005. It sits within the civil court system of England and Wales and has a specific job: making decisions for people who cannot make those decisions themselves, usually because of dementia, a brain injury, a learning disability, or a serious mental health condition.

The court handles two broad categories of case. The first covers property and financial affairs, for example appointing a deputy to manage someone's money or approving a statutory will. The second covers health and welfare, which can include where a person should live, what medical treatment they should receive, and who they should have contact with.

Hearings are held at the central Court of Protection in London and at a number of regional hearing centres. Although London handles a large share of cases, a judge can direct that a hearing takes place elsewhere if that is more practical for the person at the centre of the case, their family, or the professionals involved.

Each hearing is managed by a judge who applies the principles set out in the Mental Capacity Act, always with the best interests of the incapacitated person in mind.

Key steps

  1. Work out where your hearing will be held. When the application is issued, the court allocates it to a venue. This may be the main Court of Protection in London or a regional civil justice centre. Check the notice of hearing carefully: it will tell you the address, the time, and the name of the judge or the court level hearing your case. 2. Read the relevant court rules and practice direction. Court of Protection hearings are governed by the Court of Protection Rules and a set of practice directions, including those dealing with attendance and conduct. Before the hearing, take time to read the practice direction that applies to your situation so that you understand what the court expects from everyone taking part. 3. Notify the person the case is about. The applicant is usually responsible for making sure the person at the centre of the proceedings knows what is happening. This is normally done using form COP14, which explains the application in accessible language, followed by form COP20A to confirm that service has been carried out properly or to explain why it has not. 4. Apply to attend if you are not already a party. Hearings in the Court of Protection are generally held in private, which means only parties and their representatives have an automatic right to attend. If you are a family member, carer, or other interested person who wants to be heard, you can apply using form COP9, setting out clearly who you are and why your attendance matters. 5. Prepare for the day itself. Arrive in good time, bring identification, and take any paperwork referenced in your application. Dress respectfully and switch off your phone before going into the courtroom. Address the judge politely, stick to the facts, and remember that the court's focus is the best interests of the person lacking capacity, not the personalities around them.

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q Are Court of Protection hearings open to the public?
No. Hearings are normally held in private because they involve sensitive information about someone who cannot speak for themselves. Only parties and their legal representatives have an automatic right to attend. Others, such as journalists or family members who are not parties, must apply to the court for permission. The judge decides whether to grant access, and may impose conditions to protect the identity of the person at the centre of the case.
Q Can a Court of Protection hearing take place outside London?
Yes. While the central Court of Protection is based in London, there are regional hearing centres across England and Wales. A judge can transfer a case to a location that is more convenient for the parties, the witnesses, or the person at the heart of the proceedings. Where the hearing takes place is usually decided based on practicality and the circumstances of those involved, not simply where the application was first issued.
Q What is form COP9 and when do I need it?
Form COP9 is used to make an application within existing Court of Protection proceedings. It is the form you would use if you want to ask the court to do something specific, including asking permission to attend or be joined as a party to a case. The form asks you to explain what you want, why you want it, and how it relates to the person lacking capacity. A court fee may apply when you submit it.
Q Does a fee apply to a Court of Protection hearing?
Yes, the court charges fees for applications and for hearings, and these are updated periodically. If paying the fee would cause financial hardship, you can apply for help with fees. The amounts change over time, so always check the current figures on gov.uk before sending your application. Keep a record of any payment or remission application in case the court later asks for evidence.
Q Who is the Official Solicitor and when do they get involved?
The Official Solicitor is a public office holder who can act as the litigation friend for someone who lacks the capacity to conduct proceedings themselves and has no one else suitable to act. In Court of Protection cases, they may be invited to represent the interests of the person at the centre of the case. Their role is to make sure that person's voice and best interests are properly put before the court.
Q Do I need a solicitor to attend a Court of Protection hearing?
There is no strict requirement to have a solicitor. Many applicants, particularly family members dealing with a relative's finances, represent themselves. That said, some cases are legally and factually complex, especially those involving serious medical decisions or contested deputyship applications. If you are unsure whether to instruct a lawyer, it can help to talk the situation through with someone who can explain the options.
Q How should I behave at the hearing?
Treat the courtroom as a formal environment. Arrive early, be polite to court staff and other parties, and wait to be called in. When addressing the judge, stand when you speak unless told otherwise, and use 'Sir' or 'Madam' or the title the usher advises. Stick to the relevant facts, avoid arguing with other parties directly, and keep the focus on the wellbeing of the person the case concerns.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Full profile →SRA register ↗
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.