Who Can Complete the COP3 Mental Capacity Assessment Form?

When applying to the Court of Protection (e.g., for a deputyship), one of the key supporting documents you’ll need is a COP3 Mental Capacity Assessment Form — also referred to as an Assessment of Capacity. This form provides expert evidence about whether an individual has the mental capacity to make one or more specific decisions.

It’s important to understand that Part A of the form is completed by the applicant (often a solicitor on behalf of a client), but Part B — the assessment itself — must be completed by a qualified professional with relevant expertise and experience.

This section explains who is qualified to complete Part B, dispelling the common misconception that only doctors can carry out these assessments.

Part B of the COP3 form must be completed by an appropriate assessor who is professionally qualified and experienced in applying the Mental Capacity Act (2005). The official COP3 form states clearly that the practitioner completing Part B needs to provide details of their professional qualifications and practical experience with capacity assessments.

According to the Court of Protection’s own guidance, suitable professionals include:

Medical Practitioners
  General Practitioners (GPs), consultant psychiatrists or hospital doctors can complete assessments.

Social Workers
  Registered, experienced social workers — particularly those trained in mental capacity assessment — are recognised as appropriate assessors.

Specialist Nurses
  This includes mental health nurses or Continuing Healthcare (CHC) nurses with relevant assessment experience.

Approved Mental Capacity Professionals (AMCPs) and Other Allied Professionals
  Professionals with specialist training or advanced roles under the MCA framework, such as AMCPs.

 Other Health & Care Professionals
  In practice, professionals like psychologists, occupational therapists, or other registered health/social care assessors with appropriate expertise can also complete Part B if they meet the criteria.

The key criterion is relevant experience and expertise in assessing capacity under the Mental Capacity Act, not a specific job title.

Why Social Workers Are Recognised & Often Preferred

1. Government Guidance Supports Broad Assessor Roles

Official Mental Capacity Act Code of Practice guidance confirms that capacity can be assessed by professionals from a variety of sectors — including social care. It emphasises that the assessor should have skills to communicate effectively, and an understanding of the decision-specific test for capacity.

2. Practical Realities in NHS & Local Authorities

In reality, many NHS clinicians and Local Authority staff are too busy or reluctant to undertake formal COP3 assessments, as they are not funded to provide this service and have workload pressures. Independent, specialist assessors — especially experienced social workers — are therefore commonly instructed by solicitors.

This does not affect the legal validity of the assessment: a COP3 completed by a qualified social worker with relevant experience carries equal weight with the Court of Protection as one completed by a GP or psychiatrist.

Doctors are not the only professionals qualified to complete Part B of a COP3 assessment — experienced social workers, specialist nurses, AMCPs and other trained professionals can and do complete these assessments.

The requirement is professional qualification plus relevant experience in mental capacity assessments under the MCA, not membership of a specific occupational group.

Government forms and guidance explicitly acknowledge that a range of medically and socially qualified professionals are appropriate assessors.

In practice, independent social workers are widely used and accepted by courts exactly because they can provide timely, MCA-compliant assessments.

For the official Court of Protection COP3 form and guidance, see GOV.UK’s “Make a report on someone’s capacity to make decisions: Form COP3” and related documentation.

All our assessors are registered with Social Work England, have extensive experience, hold a current DBS Check, carry Public & Professional Liability Insurance, and are members of British Association of Social Workers BASW.