Certain circumstances dictate the need to apply to the Court of Protection to get an urgent or emergency court order.
Grounds for getting a court order ‘without delay’ include situations where:
- There is a risk to someone’s life or their welfare.
- Financial abuse creates a genuine risk of someone losing assets.
- You need to meet a liability to pay the maintenance of a dependent.
- You need access to funds to pay for care or nursing fees.
The purpose of emergency order application is to get the court to agree. Providing the court agrees to it, you would have the power to make the necessary decision on behalf of someone lacking mental capacity.
Note: A court does not grant an order by automatic process. The court must decide the case is serious and it has an ‘unavoidable time limit’.
Applying for Urgent Interim Order
In some cases, you can get an urgent interim order from the court. You may need to get an urgent interim order while waiting for approval on an application to become a deputy.
Providing the court approves your interim order you will be able to make a decision on behalf of the other person. There is no charge to apply for an urgent interim order application.
It must be for a specific one-off decision where there is some urgency. An example would be the need to access the person’s bank account to pay outstanding fees at a nursing home.
Already Submitted an Application to become a Deputy
Have you already submitted your application to become someone’s deputy? If so, you should download and fill in ‘Form COP9 application notice‘.
Use the ‘application notice’ to inform the court that you are going to apply for a Court of Protection order. They need an explanation of why you consider the decision to be so urgent (before being appointed as a deputy).
You should send the original form and one copy to the Court of Protection. Remember to send extra copies of any supporting evidence (e.g. an invoice for payment from a nursing home).
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London WC1A 9JA
Note: You can also hand deliver your application in person to the public counter of the Court of Protection.
Not Yet Submitted an Application to become a Deputy
Deputies make decisions for other people who lack mental capacity. When you apply to become a deputy you will need to:
- Complete section 1.3 of the application Form COP1.
- Explain the reasons why the decision is urgent and cannot wait until you get appointed as a deputy. You can use Form COP24 to give a witness statement about a person who lacks capacity.
Remember to send extra copies of any supporting evidence to the Court of Protection. In most cases, there will be some deputy fees to pay as part of the application.
Applying for an Emergency Order
Do you need to make an emergency application to the Court of Protection? If so, it must relate to a decision in a very serious situation with an immediate risk to the person involved.
You would need to contact an urgent business officer at the Court of Protection. They will discuss the matter with you and make arrangements to get your application. A court judge must consider the application before making a decision on it.
Court of Protection
Telephone: 020 7421 8824
Monday to Friday: 10am to 4pm
Telephone call charges guide.
Making an Out-of-Hours Application
You can contact the out-of-hours emergency number for cases involving an emergency application when the Court of Protection is closed.
Out-of-hours Emergency Applications
Telephone: 020 7947 6000
General Enquiry Helpline
Use the general enquiries helpline if you need further information before making an emergency order application.
General Enquiries
Telephone: 0300 456 4600
Section 16 Applications
If an application is about someone’s personal welfare (Section 16 applications) you should contact the regional hub closest to your location.
Birmingham Civil and Family Justice Centre
Telephone: 0121 250 6395
Monday to Friday: 10am to 4pm
Bristol Civil and Family Justice Centre
Telephone: 0117 366 4830
Monday to Friday: 10am to 4pm
Cardiff Civil and Family Justice Centre
Telephone: 0292 037 6400
Monday to Friday: 10am to 4pm
Leeds Combined Court Centre
Telephone: 0113 306 2800
Monday to Friday: 10am to 4pm
Manchester Civil Justice Centre
Telephone: 0161 240 5000
Monday to Friday: 10am to 4pm
Newcastle Combined Court Centre
Telephone: 0191 201 2000
Monday to Friday: 10am to 4pm
Reading County and Family Court
Telephone: 0118 987 0500
Monday to Friday: 10am to 4pm
Note: Contact the Court of Protection for any other matters (e.g. those that include serious medical treatment).
ALSO IN THIS SECTION
Apply for a One Off Protection Order | Check reasonable grounds for making an application to the COP.
Make Decisions on Behalf of Someone | Check the rules for acting as someone’s attorney or deputy.