Statutory Parental Bereavement Pay and Leave

Overview

You and your partner may be able to take time off work if your child dies before they turn 18, or if you have a stillbirth after 24 weeks of pregnancy.

The death or stillbirth must have happened on or after 6 April 2020.

This guide is also available in Welsh (Cymraeg).

You might be able to get leave, pay or both. You may be eligible for:

Parental Bereavement Leave

Statutory Parental Bereavement Pay

There’s rules about when you can take your leave and pay and how to claim.

You can only claim Statutory Parental Bereavement Pay and Leave if you’re employed in England, Scotland or Wales.

Employment rights when on leave

Your employment rights are protected while on Parental Bereavement Leave. This (Employment rights when on leave) includes your right to:

pay rises

build up (‘accrue’) holiday

return to work

What you can get

You may be able to get either or both Parental Bereavement Leave and Statutory Parental Bereavement Pay.

Parental Bereavement Leave

You can take 2 weeks’ leave from the first day of your employment for each child who has died or was stillborn if you’re eligible.

You can take:

2 weeks together

2 separate weeks of leave

only one week of leave

A week is the same number of days that you normally work in a week.

The leave (Parental Bereavement Leave):

can start on or after the date of the death or stillbirth

must finish within 56 weeks of the date of the death or stillbirth

Taking leave with other types of statutory leave

If you’re taking another type of statutory leave (for example, maternity leave or paternity leave) when the child dies or stillbirth happens, your Parental Bereavement Leave (Parental Bereavement Leave) must start after the other leave has ended but does not have to be taken immediately after. This includes if the statutory leave (Parental Bereavement Leave) is for another child.

If your Parental Bereavement Leave is interrupted by the start of another type of statutory leave, you can take your remaining entitlement to Parental Bereavement Leave after that other leave has ended.

Your remaining Parental Bereavement Leave (your remaining entitlement to Parental Bereavement Leave) must still be taken within 56 weeks of the date of death or stillbirth (the date of the death or stillbirth).

You can take Parental Bereavement Leave between blocks of shared parental leave that you booked before the child died. This includes if the shared parental leave is for another child.

Statutory Parental Bereavement Pay

You’ll be able to get either £151.97 a week or 90% of your average weekly earnings (whichever is lower) if you’re eligible.

Any money you get is paid the same way as your wages, for example weekly or monthly, along with deductions for tax and National Insurance.

Check if you're eligible

To qualify for Parental Bereavement Leave and Statutory Parental Bereavement Pay, you must meet the criteria both as a parent (including if you had day to day responsibility) and an employee. You might not be eligible for both, depending on your circumstances.

If you were the child’s parent or a parent’s partner

You may be eligible if at the time of the child’s death or stillbirth, you were:

the child or baby’s (the child’s) parent - either biological, adoptive or parent of a child born to a surrogate

the partner of the child or baby’s (the child’s) parent

Biological parents of the child or baby (the child’s) will not be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay after an adoption or parental order was made, unless there was a contact order in place.

If you or your partner had day to day responsibility for the child (the child’s)

You may be eligible if both of the following apply:

the child or baby (the child’s) was living with you at your home for 4 continuous weeks, ending with the date of death

you or your partner had day to day responsibility for the child or baby’s (the child’s) care during that time (4 continuous weeks, ending with the date of death)

If you or your partner were being paid to look after the child or baby (the child’s), you do not qualify for leave or pay unless you were:

a foster parent being paid a fee or allowance by a local authority

reimbursed for expenses related to caring for the child or baby (the child’s)

getting payments under the terms of a will or trust for the child or baby’s (the child’s) care

You are not eligible if one of the child or baby’s (the child’s) parents or someone who had parental responsibility (parental responsibilities in Scotland) for the child (the child’s) was also living in the household.

If you or your partner were an adoptive parent

You are eligible for pay or leave:

after the adoption order was granted

before the adoption order was made, if the child (the child’s) was placed with you and the placement was not disrupted (for example, being temporarily placed elsewhere) or stopped

If you or your partner were an adoptive parent of a child from outside the United Kingdom

If you or your partner were adopting a child from outside the United Kingdom and the adoption order had not yet been made, you may still be eligible. Both of the following must apply:

the child (the child’s) was living with you after entering Great Britain

you have the ‘official notification’ confirming you were allowed to adopt

If you or your partner had a baby with the help of a surrogate parent

You are eligible for pay or leave:

after a parental order was made

before a parental order was made if you had applied or intended to apply for a parental order within 6 months of the child’s birth and expected it (the child’s) to be granted

Parental Bereavement Leave

To get Parental Bereavement Leave, you must also:

be classed as an employee - it does not matter how long you’ve worked for your employer

give your employer notice for Parental Bereavement Leave

Statutory Parental Bereavement Pay

To get Statutory Parental Bereavement Pay, you must have been continuously employed by your employer for at least 26 weeks up to the end of the ‘relevant week’. The ‘relevant week’ is the week (ending with a Saturday) immediately before the week of the death or stillbirth.

You must also:

continue to be employed up to the day the child (the child’s) dies or is stillborn

earn on average £120 a week before tax (gross) over an 8 week period

give your employer the correct notice and information for Statutory Parental Bereavement Pay

If you usually earn an average of £120 or more a week, and you only earned less in some weeks because you were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, you may still be eligible.

How to claim

You have 56 weeks to take Parental Bereavement Leave or claim Statutory Parental Bereavement Pay through your employer. This starts from the date of the child’s death.

Parental Bereavement Leave

You can take 2 weeks leave in one block or as 2 separate blocks of one week.

The 56 weeks are split into 2 periods:

from the date of the child’s death or stillbirth (the date of the child’s death) to 8 weeks after

9 to 56 weeks after the date of the child’s death or stillbirth (the date of the child’s death)

You must give your employer notice before you take Parental Bereavement Leave. How much notice depends on when you’re taking the leave (Parental Bereavement Leave).

0 to 8 weeks after the child’s death or stillbirth

You must give your employer notice before you would normally start work on the first day of the week or weeks you want to take off work.

9 to 56 weeks after the child’s death or stillbirth

You must give your employer at least one week’s notice before the start of the week or weeks you want to take off work.

Giving your employer notice

You must tell your employer:

the date of the child’s death or stillbirth

when you want your parental bereavement leave (Parental Bereavement Leave) to begin

how much leave you are taking - either 1 or 2 weeks

You can speak to your employer by phone, leave a voicemail, send a text message or an email. You do not need to give them (your employer) notice in writing (for example through a form or letter).

You do not need to give proof of death or stillbirth.

Statutory Parental Bereavement Pay

You must ask for Statutory Parental Bereavement Pay within 28 days, starting from the first day of the week you’re claiming the payment for.

Each time you claim, you must give your employer the following information in writing (for example a letter, email or form):

your name

the dates of the period you want to claim Statutory Parental Bereavement Pay

You’ll also need to give a ‘declaration’ to your employer to confirm you’re eligible because of your relationship to the child or baby. You only need to complete this once when you first ask for pay.

Completing the declaration (a ‘declaration’)

You can:

complete the declaration form online - this takes 5 minutes

declare in writing you’re eligible because of your relationship to the child or baby

use your employers own form if they (your employer) have one

Once you’ve completed your declaration (a ‘declaration’), you’ll need to send it (a ‘declaration’) to your employer. They (your employer)’ll check your information and your eligibility.

Cancelling your leave or pay

You can change your mind and cancel your Parental Bereavement Leave or Statutory Parental Bereavement Pay if you have given your employer more than the required notice for either taking leave or claiming pay.

To cancel your Parental Bereavement Leave or Statutory Parental Bereavement Pay, you’ll need to tell your employer. When you need to tell them (your employer) depends on when your leave or pay is due to start.

Parental Bereavement Leave

If your leave is due to start within 8 weeks of the death or stillbirth, you must let your employer know about the cancellation no later than the time you would normally start work on the first day of planned leave.

If your leave is due to start 9 weeks or later after the death or stillbirth, you must let your employer know no later than one week before the start of the planned leave (planned leave).

If you cancel your leave, you can rebook it (your leave) if you give your employer the correct notice.

Statutory Parental Bereavement Pay

If your pay (Statutory Parental Bereavement Pay) was due to start within 8 weeks of the child’s death or stillbirth, you must give your employer notice on the first day of the week you want to cancel.

If your pay (Statutory Parental Bereavement Pay) was due to start 9 weeks or later after the child’s death or stillbirth (the death or stillbirth), you must tell your employer you want to cancel one week before your pay (Statutory Parental Bereavement Pay) was due to start.


Adoption records

Accessing your birth records

You can access your birth records if you don’t have them (your birth records) because you were adopted.

You need to be 18 or over to do this (access).

Everyone adopted before 12 November 1975 will need to attend a counselling session with an approved adoption advisor first.

You know your birth details

You can order a copy of your original birth certificate from the General Register Office.

For adoptions outside England or Wales you need to contact the General Register Office where you were adopted (the General Register Office).

You don’t know your birth details

You need to fill in an application for Birth certificate Information Before Adoption (BIBA) service if you don’t know your birth details. Which application form you fill in depends on if you live:

in the UK

outside the UK

Post or email the form to:

The Adoption Contact Register

You can add yourself to the Adoption Contact Register at the General Register Office (The Adoption Contact Register) to:

find a birth relative or an adopted person

say you don’t want to be contacted

This (Birth certificate Information Before Adoption (BIBA) service) is not a tracing service - for a connection to be made between people, you must both be on the Adoption Contact Register.

Find birth relatives if you were adopted

You can add yourself to the Adoption Contact Register if you’re 18 or over and your birth or adoption was registered with the General Register Office.

You need to fill in form CR part 1 to add yourself to the register (The Adoption Contact Register).  Read guidance notes on how to complete the form.

You need:

your original birth name

your date of birth

the full name(s) of your birth mother (and birth father if known)

The fee is £15 - instructions on how to pay are on form CR part 1.

Find someone who was adopted if you’re a birth relative

You can add yourself to the register (The Adoption Contact Register) to try to find an adopted person by filling in form CR part 2.  Read guidance notes on how to complete the form. You’ll only be able to find people who have also added themselves to it.

You need to be 18 or over.

The fee is £30 - instructions on how to pay are on form CR part 2.

You can also use this form (form CR part 2) if you are an adopted person looking for other adopted siblings.

You can also apply to make contact with an adopted person through an approved intermediary agency.

More information

Contact the Adoptions Section of the HM Passport Office.

Intermediary agencies

You can use an intermediary agency to help you trace a birth relative if you were adopted or you’re related to someone who has been adopted. The fee for the service depends on the agency.

You can use an intermediary agency if:

you were adopted before 30 December 2005

a relative of yours (including a relative by adoption) was adopted before 30 December 2005

When an intermediary agency finds a person, you can only contact them if they agree to it. If they don’t agree, the agency won’t tell you their name or whereabouts but might be able to share some information, like:

their (a person) domestic or family circumstances

their (a person) general health and well-being

If you don’t want to be contacted

Adopted people and birth relatives can use the Adoption Contact Register to say that they don’t want to be contacted.

Tell your agency and register a veto if you don’t want to be approached by an intermediary agency. There are 2 types of veto called an ‘absolute veto’ and a ‘qualified veto’.

An ‘absolute veto’

This (An ‘absolute veto’) means an intermediary agency can’t approach you under any circumstances (your adoption agency can still pass on information to you, for example about a hereditary medical condition or details of an inheritance).

A ‘qualified veto’

This (A ‘qualified veto’) means you can say when you would be prepared to be contacted, for example you could say that an approach on behalf of your birth parent wouldn’t be acceptable, but an approach by a sibling would.

More help and information

For further information on intermediary services you can contact:

General Register Office

the adoption team at your local council

a voluntary adoption agency

an adoption support agency


Correct a death registration

What corrections can be made

You cannot change a death certificate once it’s been issued, but you can apply to get a note added to the original entry in the death register.

You can then get an updated certificate issued that shows this note (a note).

Corrections to a death registration can only be made when the information is wrong (for example a mistake in spelling a person’s name).

What the correction (Corrections to a death registration) looks like

The original information (the information) will always be shown in the death register. After the correction (Corrections to a death registration) has been authorised, a note will be added to the margin of the register (the death register). This will explain what the correct information is and when the correction (Corrections to a death registration) was made.

If you apply for a new death certificate, the note containing the correct information (a note) will be in the margin.

Who can apply

Anyone can apply to correct a death entry.

However, the General Register Office (GRO) will usually need a letter from the person who gave information for the death (a death entry) to be registered before considering a correction.

How to apply

It costs £75 or £90 to apply to correct a mistake in a death registration.

Contact the register office where the death (a death entry) was registered to find out how to send your application, the cost, and how to pay.

Fill in the application form to correct details on a death registration and send it to the register office (the register office where the death (a death entry) was registered).

Proving the registration (a death registration) is wrong

You’ll need to show that the information given at the time of the registration (a death registration) was wrong. You must send in documents with your application that show what the correct information should have been. These documents should be valid or dated around the time of the death (a death entry).

Documents you can send in include a:

passport

photocard driving licence

bank, building society or credit card statement

letter from a hospital or doctor

letter from a government department

utility bill

If you cannot send in proof, corrections cannot usually be made.

All certified copies sent with the application (your application) will be destroyed if you do not ask for them to be returned.

Sending in certified documents

You should only send in documents that have been certified as true copies of the original.

Witnessing the correction

If the correction is being made at your register office, you need to arrange an appointment with them. When you go in you’ll witness the correction and sign the note made in the death register.

If you’re applying to the GRO to make the correction, you can say on the application form if you want to witness the correction.

Statutory declaration

If you’re applying to correct a serious mistake (for example in the name of a person), the GRO may ask you to make a ‘statutory declaration’. GRO (the GRO) will give you more advice about this if it is necessary.

You may have to pay a fee for a statutory declaration.

How long applications take

There is not a set time for how long applications will take. It can take up to 25 days for you to get a reply.

Advice

If you want further advice on applying to make a correction, contact the register office or the General Register Office (GRO).


Claim and deal with Child Benefit for someone else

If your child has a baby

You can claim Child Benefit for a child you’re responsible for and their baby (a baby).

If your child is claiming the Child Benefit (Child Benefit), you can collect the payment on their behalf by talking to their bank.

The Child Benefit Office can only pay Child Benefit into one account. This can be a joint account you share with your child, but their name must be on the account too.

Appointees

You can apply for the right to deal with the Child Benefit of someone who can’t manage their (your child) own affairs, for example because they (your child)’re mentally incapable or severely disabled.

This (apply) is called becoming an ‘appointee’.

You can apply as an individual or as a voluntary organisation.

If you’re paid to deal with someone else’s Child Benefit, you’re known as a ‘paid agent’.

You’re not an appointee if you just help someone complete their claim form.

How to become an appointee

Contact the Child Benefit Office to apply. They (The Child Benefit Office)’ll discuss if becoming an appointee is the best option and tell you what you need to do.

You can arrange with someone’s bank or the Post Office to collect their payments without becoming an appointee.

Your responsibilities

As an appointee, you must do things like:

complete the claim form (their claim form)

deal with any letters from the Child Benefit Office

report any changes that affect Child Benefit

stop or restart payments where the person or their partner is affected by the High Income Child Benefit Charge

The Child Benefit will be paid into your bank account.

How to become a paid agent

Your client must send a letter to the Child Benefit Office, saying you can deal with Child Benefit on their behalf.

Stop or change an appointee or paid agent

Write to the Child Benefit Office within one month of when you want to stop or change the appointee.

Authorisation

The Child Benefit Helpline can only discuss a claim with the person named on the claim form (or their appointee). A partner or someone else can get general advice but they must be ‘authorised’ to discuss a claim with the helpline.

The process is different if you act for a lot of clients or you’re a paid agent.

Get authorised

The claimant must fill in form TC689, or write a letter with the same information, and send it to the Tax Credit Office - the address is on the form.

The authorisation lasts 12 months unless a different end date is put on the form (form TC689). It usually takes 2 days to get authorised from when your form (form TC689) is received. Usually, you won’t get a letter confirming the authorisation.

The Child Benefit Office (The Child Benefit Helpline) will also need to have received the claimant’s (The claimant) Child Benefit claim form.

More than one person can be authorised but they each must send a TC689 form.

If you act for a lot of clients

Write to the Tax Credit Office to register as an ‘intermediary organisation’ if you work in the voluntary sector and act for many people.

You can get urgent authorisation online if you’re an intermediary organisation and you have a completed TC689. You must keep your client’s completed TC689 for 7 years from the date it was signed.

If you’re a paid agent

Your client must send a letter to the Child Benefit Office (The Child Benefit Helpline), saying you can deal with Child Benefit on their behalf.

To authorise you to deal with High Income Child Benefit Tax Charge matters they (Your client) also need to fill in form CH995.

Cancel an authorisation

An authorisation can be cancelled by writing to the Child Benefit Office (The Child Benefit Helpline).


Telling DVLA after someone dies

What you need to do

You can use the Tell Us Once service to notify DVLA when someone dies if it’s available in your area.

You still have to tell DVLA separately when you:

sell the vehicle

keep the vehicle (even if it (the vehicle)’s temporary and you’re not using it (the vehicle))

keep a personalised registration number (you’ll need to do this before you sell the vehicle)

If Tell Us Once (the Tell Us Once service) is not available in your area

Write to DVLA to tell them (DVLA) a driver has died. Include the person’s driving licence with your letter, if you have it.

Your letter must include:

the date they (a driver) died

their (a driver) name, address and date of birth

Send the letter (your letter) to:

You do not need to send a death certificate.

If you need help

Contact DVLA if you need help.

Northern Ireland

There’s a different process in Northern Ireland.

Keeping a vehicle

Tell DVLA that you’re the new keeper of the vehicle (a vehicle) and tax it (a vehicle) in your own name straight away.

You cannot transfer vehicle tax from another person. You must tax the vehicle (a vehicle) in your name (your own name) even if you’re taking over ownership as a family member or looking after it (a vehicle) for a short time.

You can be prosecuted if you use the vehicle (a vehicle) on a public road before taxing it (a vehicle) in your own name and insuring it (a vehicle).

What you do depends on whether you have the vehicle log book (V5C).

If you have the vehicle log book (V5C)

Fill in section 2 if you have a new style log book with multi-coloured numbered blocks on the front cover. Fill in section 6 if you have the older style log book.

Tear off and keep the green ‘new keeper’ slip.

Write a letter explaining your relationship to the person who died (a driver), the date they (a driver) died and who should be paid any vehicle tax refund.

Send the V5C with your letter to the DVLA Sensitive Casework Team. Also include form V890 if you want to register the vehicle as off the road (SORN) instead of taxing it.

DVLA will immediately cancel any existing vehicle tax and direct debits, and send a cheque for any refund and a new V5C.

Use the new keeper slip (the green ‘new keeper’ slip) to tax the vehicle in your name before you use it (a vehicle) on a public road. Do not wait for the new V5C. (a new V5C.)

Fill in form V62 to apply for a V5C. There’s a £25 fee.

Write a letter explaining your relationship to the person who died, the date they (a driver) died and who should be paid any vehicle tax refund.

Send the V62 (form V62) and fee with your letter to the DVLA Sensitive Casework Team. Also include form V890 if you want to register the vehicle (a vehicle) as off the road (SORN) instead of taxing it (a vehicle).

DVLA will immediately cancel any existing vehicle tax and direct debits, and send you a new V5C.

Use your new V5C (a new V5C.) to tax the vehicle (a vehicle).

If you need help

Contact DVLA if you need help.

Selling a vehicle

What you do depends on whether you have the vehicle log book (V5C) (the vehicle log book (V5C).

If you have the vehicle log book (V5C)

Write a letter explaining:

the date the person (the person who died) died (the date they (a driver) died)

who should be paid any vehicle tax refund (vehicle tax cannot be transferred to a new owner)

Send the letter to the DVLA Sensitive Casework Team with the right part of the V5C. The part you send depends on whether you’re selling the vehicle (a vehicle) to a private individual or a motor trader.

Selling to a private individual

Give the green ‘new keeper’ slip to the buyer.

Send the V5C (the V5C.) with your letter to the DVLA Sensitive Casework Team.

Selling to a motor trader

Get the motor trader (a motor trader) to fill in the yellow ‘sell, transfer or part-exchange your vehicle to the motor trade’ section of the log book (the vehicle log book (V5C).

Send the perforated section with your letter to the DVLA Sensitive Casework Team.

Give the motor trader (a motor trader) the rest of the V5C.

If you do not have the vehicle log book (V5C) (the vehicle log book (V5C)

When you sell the car tell the buyer they’ll need to fill in form V62 to apply for a V5C. There’s a £25 fee.

You need to write a letter to the DVLA Sensitive Casework Team to tell them (the DVLA Sensitive Casework Team) you’ve sold the vehicle (the car). Your letter needs to say:

the date you sold the vehicle (the car)

the date they died

the buyer’s (the buyer) name and address

If you need help

Contact DVLA if you need help.


Make a statutory will on behalf of someone else

Overview

Apply to the Court of Protection if you want to make (or change) a will on behalf of someone who cannot do it themselves.

This may be because, for example:

they’ve had a serious brain injury or illness

they have dementia

You can apply when the person is not able to understand:

what making or changing a will means

how much money they have or what property they own

how making or changing a will might affect the people they know (either those mentioned in the will or those left out)

Someone who has lost the mental capacity to manage their finances may still have the ability to make a will. A solicitor will usually be able to tell you if they are.

How to apply

Download, fill in and return the forms with details of the proposed will and supporting documents.

Tell other people that you’ve applied.

Attend a hearing if the Court of Protection decides to hold one.

Sign the will, have it witnessed and send it to the Court of Protection to have it ‘sealed’.

Emergency applications

You can apply to the Court of Protection for an emergency decision on a statutory will if the person you’re applying for only has a short time to live.

Get legal advice

You can get legal advice from:

a solicitor - you’ll have to pay for this

organisations which give advice for free, for example Citizens Advice Bureau

How to apply

Download and fill in the following forms to apply to make a will on behalf of someone, or to make changes to their existing will:

application form (COP1)

witness statement (COP24)

information form (COP1C)

You’ll also need to prove to the Court of Protection that the person (someone) is not able to make a will by themselves (someone).

Download and fill in assessment of capacity form (COP3) - you’ll need to get the person’s (someone) doctor or other medical professional to fill in the relevant parts.

Send the completed forms, your supporting documents (supporting documents) and payment to the Court of Protection.

Supporting documents

You’ll need to include the following information and documents:

a copy of the person’s current will and any amendments (‘codicils’)

a copy of the proposed new will or codicil

a copy of any deputyship order

details of the people who have agreed to deal with the will (a will) after the person’s death (‘executors’)

a copy of any registered lasting power of attorney or registered enduring power of attorney

the person’s family tree

reasons the person (the person’s) might be expected to provide for people named in the will (a will) (‘beneficiaries’)

the person’s (someone) address and details about where they (someone)’re living, for example care home, hospital

You must also provide:

details of the person’s (someone) estate and assets

accounts showing their (someone) estimated income and outgoings

details of any inheritance tax payable in the event of the person’s (someone) death

Acting in the other person’s (the person’s) best interest

Decisions taken on someone’s behalf must always be in their best interest. You must consider:

what they (someone’s) would do if they (someone’s) were able to make a will themselves (someone’s)

their (someone’s) beliefs and personal values

how they (someone’s)’ve acted and made decisions for themselves (someone’s) in the past

Read the Court of Protection (the Court of Protection) practice direction (9E) for more information and an example of a statutory will.

Fees

An application for a statutory will costs £365.

You may also have to pay:

£485 if the court decides to hold a hearing (including telephone hearings)

solicitor’s fees if a solicitor is appointed by the Official Solicitor to act as the person’s (someone) litigation friend

Counsel’s fees (if there are any)

How to pay

Send a cheque for £365 made payable to ‘HM Courts and Tribunals Service’ with your completed forms and supporting documents.

You’ll be told when you need to pay any additional costs, for example for court hearings.

You may be able to claim back any fees you pay from the estate of the person you’re applying for (someone).

Exemptions and refunds

You may not have to pay an application or hearing fee, depending on the circumstances of the person you’re applying for (someone), for example they (someone):

have low (or no) income

are on certain types of benefit

Download and fill in the application for a fee remission form and send it the Court of Protection with your application forms. The form contains guidance about exemptions.

The fee will be refunded if the person (someone) dies within 5 days of the Court of Protection receiving your application.

After you apply

The Court of Protection will send you a letter to confirm that your application has been received.

You’ll also get a stamped copy of your application form and a ‘directions order’ from the court (the Court of Protection) telling you what to do next.

The Official Solicitor

The directions order (a ‘directions order’) might tell you to write to the Official Solicitor to tell them (the Official Solicitor) about your application. The Official Solicitor makes sure that people who cannot make decisions for themselves have someone to represent them in court cases.

Tell people named in your application

Your directions order (a ‘directions order’) will say who you must tell (‘serve’) about your application. This could include the person who the application (your application) is about (someone) and:

anyone named in an existing will who would be affected financially, for example they are not a beneficiary in the new will

anyone who would be expected to benefit if the person were to die without a will (‘intestate’), for example family members

any other people named on your application

the Official Solicitor

You must serve both of the following documents within 14 days of the application (your application) being issued:

notice that an application form has been issued (COP15)

acknowledgment of service form (COP5) so they can confirm they’ve been told about the application (your application) and register any objection

You can serve them:

by post to their home address

by fax or email

in person

You’ll be given time to reach a decision with the people you’ve served (people named in your application). The Court of Protection may hold a hearing if you cannot.

Getting a decision

The Court of Protection will tell you if:

your application’s been approved or rejected

you have to provide more information, for example further medical reports

there’ll be a hearing to get more information

Court hearings

The Court of Protection will hold a hearing, or hearings, if you have not been able to reach a decision with the people you’ve served (people named in your application).

You can also get a solicitor to represent you during the hearing.

Read the guidance on what to expect from a Court of Protection (The Court of Protection) hearing.

You’ll have to pay a hearing fee after the court (The Court of Protection) makes their (The Court of Protection) final decision.

Appeal a decision

You can ask for a decision that was made without a hearing to be reconsidered any time within 21 days of the decision (a decision) being made.

To appeal a decision made at a court hearing download and fill in the Appellants Notice Form COP 35.

You must pay £320. You can apply for help paying the fee if you’re getting certain benefits or on a low income.

Send the form (£320) to the Court of Protection with a cheque made payable to ‘HM Courts and Tribunals Service’ within 21 days of the date the decision (a decision) was made.

Finalising the will

You’ll be sent a court order confirming that your application has been accepted with a letter telling you what to do next.

Sign the will

You must sign 2 copies of the will. Both copies should be signed in your name and in the name of the person the will has been made for. You must also get 2 witnesses (aged 18 or over) to sign them.

The witnesses (2 witnesses (aged 18 or over)) must:

be with you when you sign the will

sign the will straight after you

Send the 2 signed copies of the statutory will (the will) to the Court of Protection.

The 2 copies (2 copies of the will) will be given the court’s (The Court of Protection) official seal and sent back to you.

When the person (the person the will has been made for) dies

The statutory will (the will) can be handled (‘executed’) in the normal way, as if the person (the person the will has been made for) had made the will themselves (the person the will has been made for).


Tax on property, money and shares you inherit

Overview

You don’t usually pay tax on anything you inherit at the time you inherit it.

You may need to pay:

Income Tax on profit you later earn from your inheritance, eg dividends from shares or rental income from a property

Capital Gains Tax if you later sell shares or a property you inherited

Inheritance Tax

Inheritance Tax

The estate of the person who died usually pays Inheritance Tax. You may need to pay Inheritance Tax if the estate can’t or doesn’t pay it (Inheritance Tax).

You may need to pay Inheritance Tax on a gift the person gave you in the 7 years before they died.

You may also need to pay it (Inheritance Tax) if your inheritance is put into a trust and the trust can’t or doesn’t pay.

If the will says the Inheritance Tax (Inheritance Tax) should be paid out of the assets you’ve inherited, the executor of the will or administrator of the estate (The estate of the person who died) will usually pay it (Inheritance Tax).

HM Revenue and Customs (HMRC) will contact you if you need to pay.

Money and shares

In most cases you don’t pay any tax on money and shares when you inherit them.

Inheritance Tax

You may have to pay Inheritance Tax on money and shares you inherit if the deceased person’s (the person) estate (The estate of the person who died) can’t or doesn’t pay.

Any money or shares the person gave you before they died are known as gifts and have different rules.

Income Tax

You may have to pay Income Tax on:

interest you earn from money you inherit

dividends paid on shares you inherit

Capital Gains Tax

You’ll have to pay Capital Gains Tax if you sell (‘dispose of’) inherited shares that have gone up in value since the person died.

Property

You don’t pay Stamp Duty, Income Tax or Capital Gains Tax on a property you inherit when you inherit it.

You may have to pay Inheritance Tax if the deceased’s (the person) estate (The estate of the person who died) can’t or doesn’t pay it.

The rules are different in Scotland.

Selling the property

You don’t pay Capital Gains Tax when you sell your home. You do pay it if you make a profit when you sell a property that isn’t your main home.

If inheriting a property means you own 2 homes, you’ll have to nominate one of them as your main home. You must tell HMRC which property is your main home within 2 years of inheriting the property.

If you don’t tell HMRC and you sell one of the properties, they (HMRC)’ll decide which property was your main home.

Renting out the property (a property)

You may have to pay tax on the rental income.

Properties held in trust

Usually if you inherit property held in a trust, you are the ‘beneficiary’ and the trustees are the legal owners and responsible for paying tax on income the trust receives.

You may still have to pay tax on any income you receive from the trust (a trust).

Bare trusts

If the trust is a ‘bare trust’ you are both the beneficiary and the legal owner and are responsible for paying tax on income the trust receives.

Joint property, shares and bank accounts

In most cases, you don’t have to pay any Stamp Duty or tax when you inherit property, shares or the money in joint bank accounts you owned with the deceased.

Inheritance Tax

What you pay will depend on how you owned the shares or property or how your bank accounts were set up.

If you and the deceased jointly owned the assets, you’ll be known as ‘joint tenants’ (‘joint owners’ in Scotland).

If you (you and the deceased) each owned a part of the assets, you (you and the deceased)’ll be known as ‘tenants in common’ (‘common owners’ in Scotland and ‘coparceners’ in Northern Ireland). Each part could be half or an agreed percentage of the money, shares or property.

Check with your bank if you’re not sure how the money in your account(s) was divided up.

Joint tenants

You automatically inherit anything you owned as ‘joint tenants’.

You may have to pay Inheritance Tax if the whole of the deceased’s (the deceased) estate (all their money, property and possessions) is worth more than the Inheritance Tax threshold of £325,000 and the deceased’s (the deceased) estate can’t or doesn’t pay.

Tenants in common

You may have to pay Inheritance Tax on the deceased’s (the deceased) share of the money in bank accounts, shares or property if the whole of their (the deceased) estate (money, property and possessions) is worth more than the Inheritance Tax threshold of £325,000.

If the deceased left you their (the deceased) share of the money, shares or property in their (the deceased) will, the executor of the will or administrator of their estate (the deceased’s (the deceased) estate) should pay the Inheritance Tax out of the estate (the deceased’s (the deceased) estate).

But if the estate (the deceased’s (the deceased) estate) doesn’t have enough money to pay the Inheritance Tax on the deceased’s (the deceased) share of the assets, or the executor doesn’t pay, you’ll have to pay it (Tenants in common). You may have to sell the shares or property to pay the tax (Tenants in common) and any other debts.

You may have to tell the Land Registry about the death of one of the property’s (the shares or property) owners.

Income Tax and Capital Gains Tax

You may have to pay other taxes on anything you earn or profits you make from:

bank interest

share dividends

property


Child adoption

Overview

To be adopted, a child must:

be under the age of 18 when the adoption application is made

not be (or have never been) married or in a civil partnership

The child’s (a child) birth parents

Both birth parents (The child’s (a child) birth parents) normally have to agree (consent) to the adoption, unless:

they (The child’s (a child) birth parents) cannot be found

they (The child’s (a child) birth parents)’re incapable of giving consent, for example due to a mental disability

the child (a child) would be put at risk if they (a child) were not adopted

Who can adopt a child

You may be able to adopt a child if you’re aged 21 or over (there’s no upper age limit) and either:

single

married

in a civil partnership

an unmarried couple (same sex and opposite sex)

the partner of the child’s (a child) parent

There are different rules for private adoptions and adoptions of looked-after children.

Living in the UK

You do not have to be a British citizen to adopt a child, but:

you (or your partner, if you’re a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man

you (and your partner, if you’re a couple) must have lived in the UK for at least 1 year before you begin the application process

Adoption Support Fund

You may be able to get funding from the Adoption Support Fund (Adoption Support Fund). It (Adoption Support Fund) provides money for therapy for children and families to help improve relationships, confidence and behaviour. Your social worker can apply for you.

If you’re not happy with how the social worker (Your social worker) has handled the application, complain to the council. If you’re not happy with the council’s response, contact the Adoption Support Fund team.

Early stages of adoption

To adopt a child you can go through either:

an adoption agency that’s part of your local council

a voluntary adoption agency

The adoption process

Contact an adoption agency - they’ll send you information about the adoption process.

The agency (an adoption agency) will arrange to meet you - you may also be invited to a meeting with other people wanting to adopt a child.

If you and the agency (an adoption agency) agree to carry on, the agency (an adoption agency) will give you an application form.

The adoption approval process normally takes around 6 months. You will then be matched with a child for adoption.

Adoption assessment

Once the agency (an adoption agency) gets your application it (an adoption agency) will do the following:

Invite you to a series of preparation classes - these are normally held locally and give advice on the effect adoption may have on you.

Arrange for a social worker to visit you on several occasions to carry out an assessment - this is to check you’re suitable to become an adoptive parent.

Arrange a police check - you will not be allowed to adopt if you, or an adult member of your family, have been convicted of a serious offence, for example against a child.

Ask you to provide the names of 3 referees who will give you a personal reference. One of your referees can be a relative.

Arrange for you to have a full medical examination.

Your assessment

The social worker (a social worker) will send the assessment report (Your assessment) to an independent adoption panel. This is a group of people who are experienced in adoption.

The panel (an independent adoption panel) will make a recommendation to the adoption agency (an adoption agency) based on your assessment.

You can go along to ask questions and answer any questions the panel (an independent adoption panel) has.

The adoption panel (an independent adoption panel) will send their (an independent adoption panel) recommendation (a recommendation) to the agency, which will then decide whether you’re suitable to adopt a child.

If you can adopt a child

Once your agency (an adoption agency) decides you can adopt, they (an adoption agency)’ll begin the process of finding a child. The agency (an adoption agency) will explain how the process works and how you can be involved.

If you live in Wales your agency (an adoption agency) can refer you to the National Adoption Service for Wales. This holds details of children across Wales who need adopting.

If an adoption agency says you cannot adopt

If you disagree with an adoption agency’s decision, you can either:

challenge their (an adoption agency’s) decision (an adoption agency’s decision) by writing to them (an adoption agency’s)

apply to the Independent Review Mechanism, which will look into your case

You can also contact other adoption agencies - but you’ll have to start the process (the process of finding a child) again.

Applying for an adoption court order

To make an adoption legal, you need to apply for an adoption court order. This (an adoption court order) gives you parental rights and responsibilities for the child.

The child must have lived with you for at least 10 weeks before you apply.

Once the order (an adoption court order) has been granted:

the adoption (an adoption) becomes permanent

the child has the same rights as if they (the child) were your own birth child, for example the right of inheritance

you can buy a copy of the adoption certificate - you will not get this (the right of inheritance) automatically

The order (an adoption court order) also takes away parental responsibility from:

the child’s birth parent(s)

anyone else who has parental responsibility for the child (the child’s)

How to apply

Most applications for adoption orders are done at a Family Court.

You need to send the court (a Family Court) a completed application for an adoption order - Form A58.

Getting an adoption certificate

If your application is successful, the General Register Office will create an adoption certificate (the adoption certificate). This (the adoption certificate) replaces the original birth certificate, and shows the child’s new name.

If you want a copy of the new certificate (the adoption certificate) you need to buy one - you will not get it (the adoption certificate) automatically.

A ‘full’ copy of the certificate (the adoption certificate) costs £11. You can order one:

online

by post

You need the full version (A ‘full’ copy of the certificate (the adoption certificate)) for most legal tasks for your child, for example getting a passport.

Adopting a child you’ve been fostering

You need to be reassessed and approved as adoptive parents if you want to adopt the child you’ve been fostering (a child you’ve been fostering).

Adopting a stepchild

You need to tell your local council if you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order.

The child (a stepchild) must also have lived with both of you for at least 6 months.

The adoption assessment

The process to adopt is similar to an assessment through an adoption agency.

The assessment is used to help a court decide if you can adopt the child (a stepchild) (rather than being sent to an independent adoption panel).

The court (a court) will ask your local council to provide a report on:

your partner

the child (a stepchild)

the other birth parent

The report will be prepared by a social worker and will be used to help the court (a court) make a decision.

If granted, the adoption court order (an adoption order) gives you parental responsibility for the child (a stepchild) - along with your spouse or partner.

The order (an adoption order) also takes away parental responsibility from:

the child’s (a stepchild) other birth parent

anyone else who has parental responsibility for the child (a stepchild)

An adoption order cancels any other type of court order, such as how and when the child’s (a stepchild) birth parent can visit the child (a stepchild).

Adopting a child from overseas

You can adopt a child from overseas if:

they cannot be cared for in a safe environment in their own country

the adoption (adopt) would be in their best interests

the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the UK

If you want to adopt a child from overseas, you should contact a UK adoption agency through:

your local council in England and Wales

your local health and social care trust in Northern Ireland

a voluntary adoption agency that deals with overseas adoption

There is a different process for overseas adoption in Scotland.

The adoption process is similar to a UK (the UK) adoption and will be done by a UK adoption agency that may charge a fee.

If you’re assessed and approved as suitable to adopt a child by a UK adoption agency, they will let you know what you need to do and guide you through these steps.

Your application will be sent to the Department for Education (DfE) or your relevant UK Central Authority to check it meets eligibility criteria.

DfE (the Department for Education (DfE)) or your relevant UK Central Authority will issue a Certificate of Eligibility to Adopt and send it with your adoption application to the relevant overseas authority – some countries require adoption applications and supporting documentation is notarised, legalised and translated.

Once matched, you need to visit the child in their own country and confirm in writing that you’ve visited them and want to proceed with the adoption.

You may need to go through adoption court processes in the country you’re adopting from (their own country) and the UK.

Once the placement has been finalised, you will need to arrange entry clearance for the child to enter the UK.

Fees

The DfE (the Department for Education (DfE)) charges a non-refundable fee of £1,975 for processing an application to adopt a child from overseas. The fee is exempt from VAT.

You’ll be contacted by DfE (the Department for Education (DfE)) about how to pay the fee once your application has been accepted.

The fee includes case management but does not include legalisation, notarisation or translation costs.

Contact the relevant authority to find out about fees and procedures in Scotland, Wales and Northern Ireland.

Restrictions

The UK has restricted adoption from the following countries:

Cambodia

Guatemala

Nepal

Haiti

Ethiopia

Nigeria

You can read about the reasons for the restrictions for each country.

How to make an exception request

If you want to adopt a child from a restricted country, you will need to set out the reasons in writing why your case is exceptional (for example, adopting a family member) and provide supporting evidence. Find out how to make an exception request to adopt a child from a country on the restricted list.

You’ll need to follow a different process for dealing with restricted countries in Scotland. Contact the Scottish Government (Scotland) for enquiries about restrictions in Scotland.

If you live abroad

You must follow the adoption laws of the country you’re in if you’re normally resident in that country and want to adopt.

You must follow UK (the UK) adoption law if you’re normally resident in the UK, the Isle of Man or the Channel Islands. This is sometimes called ‘habitual residence’ and can apply even if you’re living abroad at the time of the adoption. If you’re unsure of your residence status, you should get your own independent legal advice before proceeding with an adoption.

You may have to give a sworn statement in front of a solicitor that you’re no longer habitually resident in the UK, the Isle of Man or the Channel Islands if the country (the country you’re in) asks for a ‘no objection’ letter from the UK government. You must send this statement, along with a copy of your passport, either to the Intercountry Adoption Team at the DfE or the nearest British embassy.

If you’ve adopted a child – either in the UK or overseas - and then travel or move to a third country, the adoption may not be recognised in that country. If you have any doubts you should get independent legal advice.

Registering an adoption

You can apply to register an overseas adoption in the Adopted Child Register for England and Wales if:

the adoption (an overseas adoption) took place in certain overseas countries

the parent or parents were habitually resident in England and Wales at the time of the adoption (an overseas adoption)

the parent or parents can provide all the supporting documents

You should read the guidance notes before filling in the form to register with the General Register Office (GRO).

Birth parents: your rights

For another couple (or person) to adopt your child, you normally have to agree to it.

Once your child is adopted, you no longer have parental responsibility for them.

Depending on the child’s (your child) situation, you may be able to stay in contact with them (your child). This is often done using letters and photographs (and sometimes meetings) through the agency responsible for arranging the adoption.

Fathers’ rights

As the child’s father you’ll be asked to agree to the adoption (adopt) - but only if you have parental responsibility.

If you were never married to the child’s mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility.

Trying to stop the adoption process

If the adoption process has started, you should get legal advice from a solicitor or Citizens Advice.

To make an adoption legal, a court has to grant a court order.

The agency arranging the adoption (the agency responsible for arranging the adoption) must let you know what your rights are - and also at what point the adoption cannot be stopped.

If you do not want your child to be adopted, a court will give you the chance to say why. A social worker, independent of the adoption agency (the agency responsible for arranging the adoption), will visit you and:

record the reasons you do not want your child (the child’s) adopted

let the court know these reasons (the reasons you do not want your child (the child’s) adopted) - you can go to court to explain them (the reasons you do not want your child (the child’s) adopted)

An adoption order cannot be made unless the court thinks it’s in your child’s (the child’s) best interests.

Adoption without your consent

A court can decide the adoption can go ahead without your consent if:

it (A court) thinks the child would be put at risk if they were not adopted - it (A court) will send you the evidence they have been given, for example from social services

you’re incapable of giving consent, for example due to a mental disability


If your child is taken into care

Overview

If your child is taken into care because of a care order, your council will share responsibility for making most of the important decisions about your child’s upbringing, including:

who looks after them (your child’s)

where they (your child’s) live

how they (your child’s) are educated

If you agree to your child (your child’s) becoming ‘looked after’ and there is no care order, you’ll continue to have parental responsibility for your child (your child’s).

In either case, the council (your council) is responsible for:

making sure that an appropriate standard of care is provided

making sure only suitable people are employed to look after your child

providing proper training and support to staff and foster carers

listening to your child’s views and your views about care arrangements and taking their religion, race, culture and background into account

making sure your child has someone independent to talk to and knows how to complain if necessary

The child (your child) may be placed with either:

another relative

a foster carer

a children’s home

Care orders

A care order is given by a court. It allows a council to take a child into care. Under the Children Act 1989 a council can apply for a care order if it believes a child is suffering or at risk of suffering significant harm.

The court (a court) decides if the child (a child) can be taken into care.

Care orders last until:

the child’s (a child) 18th birthday

an order is made giving parental responsibility to another person - for example, through adoption or special guardianship

the court (a court) lifts the order (an order) (this is called ‘discharging’ the order (an order))

A child can only be taken into care if they are under 18.

Making a complaint

If your child is in care and you’re unhappy about their (A child) treatment, you can make a complaint. Talk to your child’s carer or social worker first and if you’re not happy, you can complain to your council.

Support for parents

The Family Rights Group Advice Service helpline provides confidential support for parents:

Care proceedings

The council can start ‘care proceedings’ if they’re very worried about a child.

They (The council) can apply for a ‘care order’ which means the council will have parental responsibility for your child (a child) and can determine where your child (a child) can live.

They (The council) can apply for a ‘placement order’ as well if they (The council) believe that the child (a child) should be adopted. This allows the council to place the child (a child) with suitable adopters.

Interim care orders

At the start of care proceedings, the council asks the family court to make a temporary court order, called an ‘interim care order’.

If the court (the family court) agrees, the council can take the child (a child) into care on a temporary basis. This can be for up to 8 weeks at first.

Looking at the case

It can take up to 26 weeks for a court to decide what should happen to the child (a child). Some complex cases can take longer.

During this time a social worker, an officer from the Children and Family Court Advisory and Support Service (Cafcass) and other people will be trying to understand the reasons why the child (a child) may be at risk. They will also look at what can be done to keep them (a child) safe.

They will talk to the parents and the child (a child). They may talk to other family members or friends about looking after the child (a child) if they cannot safely live at home. The parents might also get support.

Reports

The social worker (a social worker) and Cafcass officer will each write a report for the court (the family court). These will outline what they think should happen to the child (a child).

They will include whether they (The social worker (a social worker) and Cafcass officer) think the child (a child) should be taken into care or stay with the family.

Going to court

Once all the information has been gathered, there will be a court hearing. The judge will look at the reports, and listen to everyone involved in the case, including:

the child (a child)

the parents

solicitors representing parents and children

the council social worker (a social worker)

the Children and Family Court Advisory and Support Service (Cafcass) officer

The child (a child) will go back home if the judge decides that they (a child)’re safe. If not, the council will find them (a child) a new home. That may be with:

other members of their (a child) family

friends

a new family

a children’s home

a foster carer

What Cafcass does

In care proceedings, a Children’s Guardian from Cafcass represents the rights and interests of the child (a child). They spend time getting to know the child (a child) and their (a child) family (the family) before the hearing (a court hearing).

The Children’s (a child) Guardian (a Children’s Guardian from Cafcass):

appoints a solicitor for the child (a child)

advises the court (the family court) about what needs to be done before it (the family court) can make a decision

tells the court (the family court) what they (a Children’s Guardian from Cafcass) think would be best for the child (a child) – including the child’s (a child) wishes and feelings

The Children’s Guardian (a Children’s Guardian from Cafcass) will usually spend time with the child (a child) and their (a child) family (the family). They (a Children’s Guardian from Cafcass)’ll tell the court (the family court) if they (a Children’s Guardian from Cafcass) have not seen the child (a child) before they (a Children’s Guardian from Cafcass) write their (a Children’s Guardian from Cafcass) report. They (a Children’s Guardian from Cafcass) may also talk to other people who know the family, like teachers, social workers and health visitors.

They (a Children’s Guardian from Cafcass) may:

go to meetings about the child

check records and read the council’s (The council) case file

recommend to the court (the family court) that other independent professionals help the court (the family court) with advice - for example, a doctor or psychologist

Cafcass workers are independent – they do not work for the council or the court.

You can find out more about what happens in care proceedings and about what Cafcass does on the Cafcass website.

Educating children in care

The council will be responsible for your child’s education if they’re taken into care.  They (The council) must have someone called a ‘virtual school head’ to make sure social workers and others give proper attention to your child’s education while in care.

There will also be a ‘designated teacher’, who is responsible for all of the children in care at your child’s school.

Your child will have an overall care plan, which will include education.

Most of the decisions about the child’s (a child) welfare will be taken by their (a child) social worker and foster carer (or residential care worker). You might also be involved, depending on the circumstances.

The social worker (their (a child) social worker) is responsible for making sure your child can achieve their (your child’s) potential, including:

working with your child’s school to draw up a personal education plan

making sure they (your child’s) are well supported at school

making sure they (your child’s) go to school every day

choosing and applying for a school place when required

making sure that there are good links between social services and the child’s (a child) designated teacher

being involved in any assessment for special educational needs

making sure that foster carers attend parents’ evenings and any other school events which parents would attend


Apply for a one-off decision from the Court of Protection

Overview

Apply to the Court of Protection if both of the following apply:

you’re concerned about the personal welfare or property and financial affairs of someone who’s lost mental capacity

you want to get a one-off decision, for example to stop someone visiting a person who’s lost mental capacity in a nursing home

You can only apply to the court (the Court of Protection) if there’s a major disagreement about a serious decision which cannot be agreed any other way. There are general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Check if someone has an attorney or deputy acting for them before you apply.

If there’s an immediate risk to the person

Apply for an emergency or urgent court order if you think there’s an immediate risk to the person, for example they (the person) need emergency medical treatment they (the person) cannot consent to.

If the person (someone who’s lost mental capacity) needs long-term help

You may have to apply to become a deputy if the person (someone who’s lost mental capacity) needs long-term help with decisions about personal welfare or property and financial affairs.

How to apply

Download and fill in:

an application form (COP1) - send the original and 2 copies

an assessment of capacity form (COP3) - get the person’s (someone who’s lost mental capacity) doctor or other medical professional to fill in the relevant parts, and send the original (an application form (COP1)) and a copy (the original and 2 copies)

You may also need to download and fill in:

supporting information for property and financial affairs decisions (COP1A) - include any other relevant details by sending a completed witness form (COP24) with your application

supporting information for personal welfare applications (COP1B) - send the original (an application form (COP1)) and a copy (the original and 2 copies)

You must pay £365 to apply. You can apply for help paying the fee if you’re getting certain benefits or on a low income.

Send a cheque made payable to ‘HM Courts and Tribunals Service’ with your completed forms.

Read the application form guidance notes (COP1) if you need help.

What happens next

You must tell:

people connected to the application

Tell them after you apply.

Tell other people you've applied

The Court of Protection will send you a copy of your application forms - they’ll be stamped with an issue date.

You’ll also get a letter from the court (The Court of Protection) telling you what to do next.

You must tell (‘serve’) certain people about the application within 14 days of the issue date (an issue date).

Tell the person you’re applying to get a one-off decision for

You or your representative must visit the person and tell them:

who’s applying to get a one-off decision about their personal welfare or property and financial affairs

that their ability to make decisions is being questioned

what the one-off decision would mean for them

where to get advice if they want to discuss the application

You must give the person:

a completed form COP 14 - use the guidance notes to fill it in yourself

an acknowledgment form (COP5), so they can confirm they’ve been told

any other documents related to your application (the application)

The person can get advice and assistance from the Court of Protection.

Tell people connected to the application

You must tell people named on your application (the application) that it’s been issued.

Send them (people named on your application (the application)):

a notice that an application form has been issued (COP15)

an acknowledgment form (COP5) so they (people named on your application (the application)) can confirm they (people named on your application (the application))’ve been told

You can tell them (people named on your application (the application)):

by post

by fax or email

in person

Confirm you’ve told people (‘served notice’)

You must confirm you’ve told people within 7 days of sending the forms. Download and fill in both:

form (COP20A) for the person you’re applying to get a one-off decision for

form (COP20B) for other people named in the application

These forms (the forms) are sometimes called ‘certificates of service’.

You must send both forms (the forms) to the Court of Protection at the same time.

What happens next

You’ll hear from the Court of Protection after you’ve ‘served notice’ (told other people you’ve applied).

The court (The Court of Protection) will tell you if:

your application’s been approved or rejected

you have to provide more information to support your application, for example a report from social services

it (The Court of Protection)’s going to hold a hearing to make a decision, and when and where it’ll take place

If there’s a hearing

You must attend the hearing (a hearing). You’ll get a letter with a hearing date (‘notice’) if the court (The Court of Protection) decides to have a hearing.

You must tell the person you’re getting a decision for about the hearing (a hearing):

within 14 days of getting the notice

at least 14 days before the date of the hearing (a hearing)

Fill in the notice about proceedings (COP14) and give it to the person you’re getting a decision for. Use the guidance notes if you need help.

The person (the person you’re getting a decision for) can contact the Court of Protection for advice and assistance - you must explain this to them (the person you’re getting a decision for).

Send a certificate of service (COP20A) to the Court of Protection within 7 days of when you told the person (the person you’re getting a decision for).

You must pay £500 if the court (The Court of Protection) makes a final decision at the hearing (a hearing).

Get a decision

If there’s a hearing, you’ll get a decision at it or afterwards by post.

You’ll get a decision by post if there is not a hearing.

Challenge a decision

You can apply to the court (The Court of Protection) for the decision (a decision) to be reconsidered if it (a decision) was made without a hearing - use form (COP9).

You must apply within 21 days of the date the decision (a decision) was made.

Appeal a decision

You must ask for permission to appeal if there was a hearing. Download and fill in the appellants’ notice (COP35).

You must pay £230. You can apply for help paying the fee if you’re getting certain benefits or on a low income.


Deputies: make decisions for someone who lacks capacity

Overview

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

they (People)’ve had a serious brain injury or illness

they (People) have dementia

they (People) have severe learning disabilities

As a deputy, you’ll be authorised by the Court of Protection to make decisions on their (People) behalf.

Types of deputy

There are 2 types of deputy.

Property and financial affairs deputy

You’ll do things like pay the person’s bills or organise their pension.

Personal welfare deputy

You’ll make decisions about medical treatment and how someone is looked after.

You cannot become someone’s personal welfare deputy if they’re under 16. Get legal advice if you think the court (the Court of Protection) needs to make a decision about their care.

The court (the Court of Protection) will usually only appoint a personal welfare deputy if:

there’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care

someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live

Read the full guidance about when you need to make a personal welfare application.

Becoming a deputy

You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying what you can and cannot do.

When you become a deputy, you must send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.

How to apply

Check you meet the requirements to be a deputy.

Send the application forms to the Court of Protection and pay the application fee.

You do not need to be a deputy if you’re just looking after someone’s benefits. Apply to become an appointee instead.

Checks on your application

The Court of Protection will check:

whether the person needs a deputy or some other kind of help

there are no objections to your appointment

If you’re appointed, the Office of the Public Guardian (the Office of the Public Guardian (OPG)) will help you carry out your responsibilities.

You’ll continue to be a deputy until your court order is changed, cancelled or expires.

Other ways to make decisions for someone

If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.

If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.

Who can apply to be a deputy

You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.

If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else.

The court (the Court of Protection) can appoint 2 or more deputies for the same person.

When there’s more than one deputy

When you apply, tell the court (the Court of Protection) how you’ll make decisions if you’re not the only deputy. It will be either:

together (‘joint deputyship’), which means all the deputies (more than one deputy) have to agree on the decision

separately or together (‘jointly and severally’), which means deputies can make decisions on their own or with other deputies

Other types of deputy

Some people are paid to act as deputies, for example accountants, solicitors or representatives of the local authority.

The Court of Protection can appoint a specialist deputy (called a ‘panel deputy’) from a list of approved law firms and charities if no one else is available.

Responsibilities

As a deputy, you’re responsible for helping someone make decisions or making decisions on their behalf.

You must consider someone’s level of mental capacity every time you make a decision for them - you cannot assume it’s the same at all times and for all kinds of things.

You’ll get a court order from the Court of Protection which says what you can and cannot do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Guidance for all deputies

When you’re making a decision, you must:

make sure it’s in the other person’s best interests

consider what they (the other person’s)’ve done in the past

apply a high standard of care - this might mean involving other people, for example getting advice from relatives and professionals like doctors

do everything you can to help the other person (the other person’s) understand the decision (a decision), for example explain what’s going to happen with the help of pictures or sign language

add the decisions to your annual report

You must not:

restrain the person, unless it’s to stop them coming to harm

stop life-sustaining medical treatment

take advantage of the person’s (the person) situation, for example abuse them (the person) or profit from a decision you’ve taken on their (the person) behalf

make a will for the person, or change their (the person) existing will

make gifts unless the court order says you can

hold any money or property in your own name on the person’s (the person) behalf

Property and affairs deputies

You must make sure:

your own property and money is separate from the other person’s

you keep records of the finances you manage on their (the other person’s) behalf in your annual report

You may need to manage a Court Funds Office account on the other person’s behalf.

You could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.

Apply to be a deputy

You need to download and fill in all of the following:

an application form (COP1) - you’ll need to send the original form plus a copy when you apply

an assessment of capacity form (COP3)

a deputy’s declaration (COP4)

You also need to download and fill in:

a supporting information form (COP1A) if you’re applying to be a property and affairs deputy

a supporting information form (COP1B) if you’re applying to be a personal welfare deputy

You must name at least 3 people in your application who know the person you’re applying to be deputy for (the person). For example, their (the person) relatives, a social worker or doctor.

The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form (an assessment of capacity form (COP3).

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about (the person) lacks capacity.

You should keep a copy of every form you fill in.

Where to send your forms

Send the forms, including 2 copies of the application form (COP1) (the original form), to the Court of Protection with a cheque for the application fee.

Tell people named in your application

The court will aim to send you a stamped copy of your application within a week of receiving it (your application). This means your application is being considered (it (your application) has been ‘issued’). You’ll be sent a letter explaining what to do next.

Within 14 days of the application (your application) being issued, you must tell (sometimes called ‘serving’) the following people:

the person you’re applying to be a deputy for

at least 3 people named in your application as having an interest, for example the person’s (the person) relatives, social worker or doctor

If you cannot tell 3 people you should send in a witness statement (COP24).

Tell the person you’re applying to be a deputy for

You or your representative must visit the person and tell them (the person):

who’s applying to be their (the person) deputy

that their (the person) ability to make decisions is being questioned

what having a deputy would mean for them (the person)

where to get advice if they (the person) want to discuss the application (your application)

During the visit give them (the person):

a completed proceedings notification form (COP14) - use the guidance notes to fill this in yourself

an acknowledgment form (COP5) - they (the person)’ll need to complete this if they (the person) want to give their (the person) opinion on the application (your application) or provide evidence for or against it

any other documents related to your application

Tell people connected to your application

You must tell 3 people named on your application that it (your application) has been issued.

Send them (3 people named on your application):

a notice that an application form has been issued (COP15)

an acknowledgment form (COP5) - they (the person)’ll need to complete this (an acknowledgment form (COP5)) if they (the person) want to give their (the person) opinion on the application (your application) or provide evidence for or against it (your application)

You can tell them (the person):

by post to their (the person) home address

by fax or email

in person

Confirming that you’ve told people (‘served notice’)

Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called ‘certificates of service’) confirming you’ve told:

the person you’re applying to be deputy for (COP20A)

other people named in the application (your application) (COP20B)

Send them all together to the Court of Protection.

Fees

You must pay:

a fee to apply to be a deputy

a supervision fee every year after you’ve been appointed

You may also have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy.

When you apply

You must pay a £365 application fee. Send this with your application form.

You need to pay the application fee (a £365 application fee) twice if you’re applying to become both types of deputy.

You’ll also need to pay £485 if the court decides your case needs a hearing. The court will tell you when you need to pay this.

Make all cheques payable to ‘HM Courts and Tribunals Service’.

Security bonds for property and affairs deputies

You may have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you’re a deputy for.

You do not have to set up a bond if either:

you’re representing a local authority

the court decides it (set)’s not necessary, for example if the person’s estate has a low value

If you need to set one up, you’ll get a letter from the court telling you this. The letter will explain what to do next.

You set up the bond with a security bond provider. The amount you pay depends on:

the value of the estate of the person you’re a deputy (the person’s) for

how much of their (the person’s) estate you control

You can pay it either:

using the person’s money

yourself - you can get the money (the person’s money) back from the person’s estate once you have access to it (the person’s money)

You may be prosecuted if you misuse the person’s money.

After you’ve been appointed

You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You’ll pay:

£320 for general supervision

£35 for minimal supervision - this applies to some property and affairs deputies managing less than £21,000

Your annual supervision fee (an annual supervision fee) is due on 31 March for the previous year.

You’ll also need to pay a £100 assessment fee if you’re a new deputy.

The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.

You may be able to claim a refund of your fees (your assessment and supervision fees) in certain situations.

Getting help with your application fee

You may not have to pay an application fee depending on:

what type of deputy you’re applying to be

how much money you or the person you’re applying to be deputy for (the person’s) has

Type of deputy | Whose finances will be assessed

Property and financial affairs | Theirs

Personal welfare | Yours

The guidance has information about getting help with your fees.

You can claim back the fee (your application fee) from the funds of the person you want to be a deputy for (the person’s) if you’re applying to be a property and affairs deputy.

The fee (your application fee) will be refunded if the person (the person’s) dies within 5 days of the Court of Protection receiving the application.

Getting help with your supervision fees

You can apply for an exemption or reduction of the fee (your supervision fees) if the person you’re a deputy for (the person’s) gets certain benefits or has an income below £12,000. Read the guidance that comes with the form (The guidance) and apply if the person (the person’s) meets the requirements. The address is on the form.

If the person you’re deputy for (the person’s) dies, you pay the supervision fee (your supervision fees) for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.

After you've applied

There’s a 14-day wait after you tell the other people involved that you applied, in case they object.

The Court of Protection will then review your application (the application) and tell you if:

your application (the application)’s been approved or rejected

you need to set up a security bond before you can be appointed

you have to provide more information to support your application (the application), for example a report from social services

it (the Court of Protection)’s going to hold a hearing to get more information, for example if someone objected

There’s usually no hearing if you applied to be a property and financial affairs deputy.

Read guidance on how coronavirus (COVID-19) might affect your hearing and what you should bring.

Tell the person you want to be a deputy for (the person’s) about the hearing (your hearing)

You’ll get a notice with the date of the hearing (your hearing) if the court (the Court of Protection) decides to hold one. You must visit the person you want to be deputy for (the person’s) and tell them (the person’s) about it:

within 14 days of getting the notice (a notice with the date of the hearing (your hearing))

at least 14 days before the date of the hearing (your hearing)

Give them (the person’s) a completed notice about proceedings (COP14). Use the guidance notes to fill it in.

You must explain that they (the person’s) can contact Court of Protection (the Court of Protection) staff for advice and assistance.

When you’ve told them (the person’s), send a certificate of service (COP20A) to the Court of Protection within 7 days.

You’ll have to pay a fee if the court (the Court of Protection) makes a final decision at the hearing (your hearing).

The guidance explains what to expect from a Court of Protection (the Court of Protection) hearing.

When you're appointed

You’ll be sent a ‘court order’ telling you what you can and cannot do as a deputy. When you have this, you can start acting on the person’s behalf.

You’ll be sent the court order:

as soon as you’re appointed - if you’re a personal welfare deputy

after you set up a security bond - if you’re a property and affairs deputy and have been asked to do this by the court (the Court of Protection)

You’ll need a separate court order before you can:

sell a property that’s jointly owned if you’re a property and affairs deputy

make a one-off decision on anything else that’s not covered by the court order

Check the court order. If there are any mistakes, download and fill in form COP9 with the details and send it to the court (the Court of Protection) within 21 days of receiving the court order. There is no fee.

Tell people and organisations you’re a deputy

You’ll get official copies of the court order to send to banks and building societies, for example. These prove you’re acting on behalf of the other person. When you send out an official copy, ask for it to be returned.

Order extra copies of the court order by writing to the Court of Protection. They cost £5 each.

Start managing a bank account

Before you can manage an account, you must show the bank:

the original court order, or an official copy of it

proof of your name, for example your passport or driving licence

proof of your address, for example a gas, electricity or council tax bill, or letter from a government department

proof of the name or address of the person you’re applying to be deputy for - if they’re not the same as on the bank account

Court Funds Office accounts

If the person you’re deputy for (the person you’re applying to be deputy for) has money in a Court Funds Office account, you’ll be sent information about how to access it.

You can also apply to open an account with the Court Funds Office (Court Funds Office) if you’re a property and affairs deputy and it’s in the person’s (the person you’re applying to be deputy for) best interests.

Record your decisions and transactions

You can start your annual report to record your decisions and transactions, such as paying bills.

Supervision, support and visits

As a deputy, you’ll be supervised by the Office of the Public Guardian (OPG). They’re authorised to contact you or visit you to check you’re being an effective deputy. They can also give you advice and support.

How you’ll be supervised

New deputies get a ‘general’ level of supervision for their first year.

After that (their first year), if you’re a property and affairs deputy you’ll move to ‘minimal’ supervision if both:

you’re managing less than £21,000

you no longer need a general level of supervision

You’ll pay a lower fee and have to write a shorter annual report than deputies with general supervision.

Supervision visits

You may be visited by a Court of Protection visitor to check if you:

understand your duties

have the right level of support from OPG (the Office of the Public Guardian (OPG))

are carrying out your duties properly

are being investigated because of a complaint

The visitor (a Court of Protection visitor) will call you to arrange the visit and explain why they (a Court of Protection visitor)’re visiting.

Contact OPG (the Office of the Public Guardian (OPG))

Tell OPG (the Office of the Public Guardian (OPG)) if you’re planning to make an important decision, for example you want to sell the property of the person you’re deputy for so they can move into a care home.

Accounts, gifts and expenses

You must keep accounts and follow the rules for gifts and expenses if you’re acting as deputy for someone else. You must also record the transactions in your annual report.

Accounts

As a property and affairs deputy, you must keep copies of:

bank statements

contracts for services or tradespeople

receipts

letters and emails about your activities as a deputy

Gifts

Your court order will say if you can buy gifts or give gifts of money on behalf of the other person, including donations to charities. It will also say if there’s an annual limit on how much money you can use for gifts.

Gifts must be reasonable. You need to make sure any gifts do not reduce the level of care the person you’re deputy for can afford.

You must apply to the Court of Protection (Court of Protection) if you want to make a one-off large gift for Inheritance Tax purposes, for example.

Expenses

You can claim expenses for things you must do to carry out your role as deputy, for example phone calls, postage and travel costs. You cannot claim:

travel costs for social visits

for the time spent carrying out your duties (unless you’re a professional deputy, for example a solicitor)

You may be asked to give a detailed report of what you spent. You’ll have to pay the money back if the Office of the Public Guardian (the Office of the Public Guardian (OPG)) finds your expenses are unreasonable. They (the Office of the Public Guardian (OPG)) may ask the court to stop you being a deputy if they (the Office of the Public Guardian (OPG)) think you’ve been dishonest.

Complete your deputy report

You must write a report each year explaining the decisions you’ve made as a deputy. You might be asked to do this more often if the Office of the Public Guardian (OPG) needs additional information.

You may also need to write a final report if you stop being a deputy.

If you’re a public authority or professional deputy using the service for the first time, you need to contact your case manager to register first. If you’re a deputy for a friend or family member, you can create an account online.

Start now

Or you can download and fill in a paper annual report form. The address you need to send it (your deputy report) to is on the form.

What to include

Your report (your deputy report) must include:

the reasons for your decisions and why they were in the best interests of the person you’re deputy for

who you spoke to and why what they said was in the person’s best interests

the finances of the person if you’re their property and financial deputy

The OPG (the Office of the Public Guardian (OPG)) will tell you when it’s time to send it (your deputy report).

If you do not send the report (your deputy report) the OPG (the Office of the Public Guardian (OPG)) might:

increase your level of supervision

ask the court to replace you with a different deputy

Change your deputyship or make a one-off decision

You must apply to the Court of Protection (the court) if you have to:

renew your deputyship

change your deputyship, for example make decisions that are not in the original order

make a one-off decision on something not covered by your court order

How to apply

Download and fill in both:

an application form (COP 1)

a witness statement form (COP24) with a copy of the current order appointing you as a deputy attached

Your witness statement should include:

the total annual income of the person you’re a deputy for including pensions

a summary of their assets, for example bank balances, savings, investments

details of property they own

the annual cost of their care and other regular items of major expenditure

the value of the security bond set by the court

a description of the circumstances that have led to the application being made

Send the Court of Protection (the court):

the completed forms

a cheque for the application fee - £365 - payable to ‘HM Courts and Tribunals Service’

You can apply for help paying the fee if you’re getting certain benefits or on a low income.

If you need help with changing your deputyship, call the Court of Protection (the court).

What happens next

You may have to notify other people about the change to the court order (your court order) if the court tells you to.

They (other people) can object or ask the court to reconsider any proposed changes they (other people) do not agree with. They (other people) can do this:

before the court order (your court order) is issued

up to 21 days after the court order (your court order) is issued

End your deputyship

If you no longer want or need to be a deputy, download and fill in the application notice (COP1) and send it to the Court of Protection (the court).

If the person has recovered mental capacity, download and fill in form COP 9. Send it to the Court of Protection (the court) with any supporting evidence, for example a doctor’s letter.

You cannot stop being a deputy until you’ve got the relevant court order.

If the person you’re deputy for dies

Contact the Office of the Public Guardian (OPG) and the Court of Protection (the court) to tell them that the person has died.

You’ll also have to send evidence to OPG (the Office of the Public Guardian (OPG)) that the person has died, for example a death certificate. Check the full list of evidence that OPG (the Office of the Public Guardian (OPG)) accepts.

Your security bond will remain in force for 2 years after the death of the person you’re a deputy for unless there’s a court order cancelling it.

Contact the Court Funds Office if the person you were deputy for had an account with them.

Read more about how to be a deputy.