COP Court of Protection: Guidance notes on • Applicant – the person applying to the court for a
21B completing form COP20B Certificate of court order.
12.17
service non-service notification/non- • Appellant – the person who is appealing against a
notification decision made in court.
• Litigation friend – a person acting in legal
Please read the following notes before
proceedings on behalf of a person who lacks
completing form COP20B
capacity (or on behalf of a child).
You must complete form COP20B to tell the court • Respondent – a party to the proceedings (other
when you: than the Applicant or Appellant).
• serve a copy of an application form; • Other – a person not covered by any of the above
categories, e.g. a neighbour.
• serve a copy of an appellant’s notice;
• serve a copy of a respondent’s notice 2. Persons served or notified (Sections 2 and 3)
• serve a copy of a certificate of suitability of a You must serve or notify the following:
litigation friend; • anyone named as a respondent to be served
• provide notice that you have issued an with your application in section 5.1 of the COP1
application or; Application form;
• serve a copy of any other document, as directed • anyone named to be notified in section 5.2 of the
by the court. COP1 Application form;
The court requires that anyone who has an interest • anyone named in section 2.5 of the COP35
in the application/appeal must either be either Appellant’s notice;
be served by giving them a copy of the issued • the appellant if you are issuing a COP36
application/appeal and supporting evidence; or Respondent’s notice
notified by serving form COP15 Notice that an
application form has been issued. • the person who is to be served on behalf of the
child or protected party and every other person
Where the person is served or notified that an who is a party to the proceedings if you are serving
application form or appellant’s notice has been a COP22 Certificate of suitability of litigation friend;
issued, you must provide them with a COP5 or
Acknowledgement of Service notification form at the
same time as you serve or notify. • any other person or persons as the court may
direct.
You must complete and return the COP20B to the
court within seven days of service or notification The date of service/notification depends on the
taking place. method of delivery used:
• First class post (or other service for next-day
In the case of non-service or non-notification, the delivery): date of posting.
COP20B must be returned to the court within seven • Personal: date of personal service
days of the latest date on which notification or • Document exchange: Date when the document
service should have been made. was left at the document exchange.
Failure to answer any of the sections on form • Delivery of document to permitted address: Date
COP20B may result in consideration of the when document was delivered to the permitted
application/appeal being delayed. address.
• Fax: Date of transmission.
• Other electronic means: Date of transmission and
Completing form COP20B the means used.
• Alternative method permitted by the court: If the
Details of the person who provided service/ court has permitted an alternative method of
notification (Section 1) delivery it will specify the date or other details to be
Definitions: stated on the Certificate of service.
• Agent – a person carrying out the notification on You must confirm the method of service/notification
another’s behalf, e.g. nursing home proprietor. by completing the relevant tick box.
• Accredited legal representative – a person
appointed by the court from a panel of legally Non-service/Non-notification (Section 4)
qualified representatives to represent the person Where the applicant/appellant or his/her agent is
to whom the application/appeal relates in the unable to serve a document or to provide notification,
proceedings when it is not possible or necessary he/she must provide details of the person(s) not
to appoint a litigation friend. served or notified and state the reason(s) why service/
notification could not be made.
Statement of truth (Section 5)
The certificate provided to the court must include
a signed and dated statement by the applicant/
appellant or his/her appointed agents.
What you need to do next
When you have completed the COP20B form you
should take, or send it to the Court of Protection. For
details on where to send the form check the website:
www.gov.uk/court-of-protection
Disclaimer
Court of Protection staff cannot give legal advice.
If you need legal advice please contact a solicitor
or your local Citizens Advice. Information in this
guidance is believed to be correct at the time of
publication; however we do not accept any liability for
any error it may contain.
If you need further help completing form COP20B,
please check the www.gov.uk/court-of-protection
