In a story which resonates with those of us regularly asked why it appears that social workers are not considered appropriate individuals to complete a COP3 when they are regularly involved in complex capacity assessments and their evidence has been said to be of very considerable weight in court proceedings3, an interesting story in Community Care suggests that the new forms (anticipated to be out in August 2013 at the latest) will include a COP3 which makes clear that a social worker is properly able to complete one.
A spokesperson for HM Courts and Tribunals Service (HMCTS) quoted in the article said: "The COP3 form must be completed by someone who is professionally qualified and able to give expert evidence in this form…. This could include a medical practitioner, a registered social worker or nurse with the relevant experience. The decision whether to accept the evidence is at the discretion of the judge. The Court of Protection is reviewing the form to include guidance for social care professionals completing the form."