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Wednesday, 3 October 2023

Urgent and fast-track applications to the Court of Protection

Applications to the Court of Protection need to be made using the relevant forms and supporting information. However, if you need to make an urgent application to the Court of Protection, or get them to fast-track a new or existing application, you will need to follow the guidance below.

How and when to make an urgent application

'urgent' applications are ones where you need the Court to consider an application within 24 hours or on the same day

If there is a serious risk that someone may suffer serious loss or harm, then you can apply to the Court using the urgent procedure.

This is only for when you need an immediate decision to be made, where the Court needs to consider the application within 24 hours or on the same day. Examples include:

  • applications about urgent medical treatment
  • applications to prevent someone being removed from the place where they live
  • applications to execute a statutory will or financial transaction where the person’s life expectancy is very short

To make your urgent application, you should contact the court on 0300 456 4600 and ask to speak to the ‘Urgent Business Officer’. They will discuss the case with you and make arrangements to receive your application and present it to a judge. The line is open from 9.00 am to 5.00 pm, Monday to Friday, except Wednesday, when it's open from 10.00 am to 5.00 pm.

Making an urgent application outside of office hours

If you need to make an urgent application to Court of Protection outside of normal office hours (for example, at the weekend, or before 9.00 am or after 5.00 pm on a weekday), you should telephone the Royal Courts of Justice switchboard on 020 7947 6000 and ask for ‘Security’. Security will be able to contact the right urgent business officer or clerk to help you.

How and when to fast-track an application

applications can be fast-tracked in particular situations

There may be situations where you need a decision from the court quickly, or where you have already made an application and circumstances change and your application needs to be processed quicker than usual. If this happens, your application can be ‘fast-tracked’.

The Court will usually agree to fast-track cases where the person is likely to suffer financial loss is action isn’t taken. Examples include:

  • property sale or purchase where there’s an immediate risk that you might lose a buyer
  • appointment of a new trustee to sell property where there is an immediate risk that you might lose a buyer
  • investment of money where there is a deadline approaching
  • release of funds to pay for critical care and maintenance

If you have already made an application, but now need to fast-track it:

If you have already made an application and need immediate directions before your main application is decided, you can make an ‘application within proceedings’. This would be needed, for example, if you have already applied for your appointment as Deputy, but now the person is due to be discharged from hospital and you need to access their funds to make adaptations to their home.

To make your application within proceedings, follow the link below to apply for interim directions (form COP9), complete it and send it in. There is no additional fee for this.

Fast-tracking an existing application:

Often, if an important issue arises, then, rather than dealing with an application within proceedings (as explained above), the court could instead just fast-track your existing application. This could happen, for example, if you have already applied for appointment as a Deputy, but now need an urgent order from the court to sell the property to avoid losing a potential buyer.

It is usually only possible to fast-track your existing application if the court has already issued (stamped and returned) your application and if you have notified people that your application has been issued. If this has not happened, you should still make an ‘application within proceedings', as explained above.

If your existing application has now become urgent and you would like to fast-track your application, you should call 0300 456 4600 and ask to speak to the ‘Fast-track Business Officer’ to discuss it. Once your application is fast-tracked, the aim is to refer it to the Court within five days and send you the order or tell you what additional information is needed within ten working days of the Court's decision.

The service you can expect from the Court

The Court has a Charter, which sets out the standard of service that anyone who uses it can expect. It covers administration of the Court's services, rather than any decision the Court comes to. To read the Charter, follow the link below.

Additional links

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